Petitioners sought to quash an FIR alleging false harassment. The Court refused quash but directed police compliance with Section 41(1)(b) read with Section 41-A Cr.P.C. while arranging arrest, citing Arnesh Kumar.
Prayer to quash FIR refused; directed police to comply with Section 41(1)(b) read with Section 41-A Cr.P.C. during arrest.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37260 of 2018
Petitioner :- Mahesh And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pandey Balkrishna 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 23.7.2018 registered as Case Crime No.542 of 2018, under Sections 498-A,323,506 IPC, P.S. Achhnera, District Agra.
It is submitted by the learned counsel for the petitioners that the petitioner no.1 is the husband of the daughter of the respondent no.3 while other petitioners are family members of the petitioner no.1. The petitioners are being unnecessarily harassed at the behest of the complainant on the basis of false and vague allegations made in the FIR lodged by the respondent no.3. 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 :- 19.12.2018 M. Tariq
2 issues framed by the court
Whether to quash the FIR dated 23.7.2018 registered under Sections 498-A, 323, 506 IPC.
Whether the apprehension of arrest provides sufficient grounds for quashing under Section 41(1)(b) read with Section 41-A Cr.P.C.
Colour shows how this judgement treated each authority
Arnesh Kumar Vs. State of BiharExplained¶10
Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 · Who else cites this
1 provisions across 1 enactments
Mahesh And 5 Others
State Of U.P. And 2 Others
Naheed Ara Moonis
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
