The High Court refused to quash the F.I.R. alleging vague and baseless charges. The Court directed police to comply with Section 41(1)(b) and 41-A Cr.P.C. during arrest procedures, citing Arnesh Kumar.
Prayer for quashing F.I.R. refused; direction given to police to comply with Sections 41(1)(b) and 41-A Cr.P.C. during arrest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 24326 of 2019 Petitioner :- Moizuddin And Another Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Faiz Ahmad,Mansoor Ahmad Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard Sri Faiz Ahmad, learned counsel for the petitioners and learned A.GA. 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 F.I.R. dated 09.10.2019 lodged in Case Crime No. 232 of 2019, under Sections 323, 504, 506, 427, 419, 420 I.P.C., Police Station Charwa, District Kaushambi.
It is submitted by the learned counsel for the petitioner that respondent no.4 has filed the impugned F.I.R. against the petitioners with vague and baseless allegations, petitioners have been falsely and maliciously implicated in the present case. 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.
Per contra, learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
Considering the submissions advanced by the learned counsel for the petitioners, we do not find any cogent and convincing reason to quash the F.I.R., hence the prayer for quashing the F.I.R. 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 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 41-A 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.
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 petitioners shall not be entitled to any benefit of this order.
The writ petition stands disposed of.
Order Date :- 29.11.2019 Ashok Gupta
2 issues framed by the court
Whether the F.I.R. under Sections 323, 504, 506, 427, 419, 420 I.P.C. should be quashed based on vague allegations.
Whether the petitioners are entitled to protection against arrest 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 BiharRelied on¶10
Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 · Who else cites this
2 provisions across 1 enactments
Moizuddin And Another
State Of U.P.
Naheed Ara Moonis
Narendra Kumar Johari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
