Petitioners sought quashing of an FIR and protection against arrest. The court refused to quash the FIR but directed police to comply with Section 41(1)(b) and 41-A Cr.P.C. applying the Arnesh Kumar dictum.
Prayer for quashing refused. Directed police to comply with arrest provisions.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37058 of 2018
Petitioner :- Raj Bahadur And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- R P Rajan Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioners and learned AGA for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 29.11.2018 registered as Case Crime No.779 of 2018, under Sections 427,504,506 IPC, P.S. Shivpur, District Varanasi.
It is submitted by the learned counsel for the petitioners that the petitioners are being unnecessarily harassed at the behest of the complainant. If the offence alleged to have been committed by the petitioners be taken in entirety and charges are found to be proved, the petitioners cannot be awarded sentence of more than 7 years. In this view, the arrest of the petitioners should not be effectuated by the police personnel.
Considering the submissions advanced by the learned counsel for the petitioners, we do not find any cogent and convincing reason to quash the FIR, hence the prayer for quashing the FIR is refused.
The fact of the matter is that till date arrest has not been effectuated and this is mere apprehension of the petitioners that they 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 petitioners is to be effectuated in the aforesaid case in which they are 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. in the light of the dictum of the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar , (2014) 8 SCC 273 .
The writ petition stands disposed of.
Order Date :- 18.12.2018
M. Tariq
3 issues framed by the court
Whether the prayer to quash the FIR can be allowed.
Whether the police must comply with arrest provisions under Section 41(1)(b) read with Section 41-A Cr.P.C.
Whether the apprehension of arrest concludes a conclusion of law.
Colour shows how this judgement treated each authority
Arnesh Kumar Vs. State of BiharApplied¶10
Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 · Who else cites this
2 provisions across 1 enactments
Raj Bahadur And 3 Others
State Of U.P. And 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
