This court directed police to arrest the petitioner in compliance with Section 41(1)(b) and 41A of Cr.P.C. if arrest is warranted, unless a report under Section 173(2) Cr.P.C. is filed.
Direction that police arrest petitioner complying with CrPC provisions unless investigation completed and Section 173(2) report filed.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 36145 of 2018
Petitioner :- Anish Ryan And Company Roopadhamna Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Kumar Singh Rajawat Counsel for Respondent :- G.A.,Gauri Shankar Yadav
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioner, Sri Gauri Shanker Yadav, learned counsel appearing on behalf of respondent no.4 as well as learned AGA for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 17.11.2018 registered as Case Crime No. 0473 of 2018, under Sections 135 - 1 (b) of Indian Electricity Act (Amendment), 2003, police station Mauranipur, District Jhansi.
It is submitted by the learned counsel for the petitioner that the petitioner is unnecessarily harassed at the behest of the complainant. If the offence alleged to have been committed by the petitioner be taken in entirety and charges are found to be proved, the petitioner cannot be awarded sentence of more than 7 years. In this view, the arrest of the petitioner should not be effectuated by the police personnel.
The fact of the matter is that till date arrest has not been effectuated and this is mere apprehension of the petitioner that he would be arrested in breach of provisions as contained under Section 41 (1) (b) read with Section 41-A of the Cr.P.C. Once there is statutory provision provided for then it is always expected that the said provisions would be adhered to and in case there is any violation of the same, complaint can also be made before the Magistrate concerned to remedy the situation.
In view of the above, it is hereby directed that in case arrest of petitioner is to be effectuated in the aforesaid case in which he is wanted, the concerned police personnel should deal with the matter in compliance of the provisions as contained under Section 41 (1) (b) read with Section 41A of the Cr.P.C.
It is further provided that if the investigation in this matter has been completed and police report under Section 173 (2) Cr.P.C. has been filed, the petitioner shall not be entitled to any benefit of this order.
The writ petition stands disposed of. Order Date :- 12.12.2018 Shahnawaz
1 issue framed by the court
Whether the petitioner shall be arrested in compliance with Section 41(1)(b) read with Section 41A of Cr.P.C.
3 provisions across 2 enactments
Anish Ryan And Company Roopadhamna
State Of U.P.
3 Others
Naheed Ara Moonis
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
