Disposed

Ravindra Yadav and 4 Others v. State of U.P. and 2 Others

Allahabad HC15 Apr 2019CRLP/9744/2019

Case brief

AI extract

What is this about?

This court dismissed the petition seeking quashing of an FIR under Sections 147, 323, 354, and 452 IPC. While refusing to quash the FIR, the court directed police to comply with statutory arrest procedures under Section 41 and Section 41-A of the Cr.P.C. prior to arrest, citing Arnesh Kumar, unless the investigation is concluded.

What did the court decide?

FIR was not quashed; direction given for compliance of Section 41(1)(b) and Section 41-A Cr.P.C. before effectuating arrest.

Ravindra Yadav and 4 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9744 of 2019

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Petitioner :- Ravindra Yadav And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rabindra Bahadur Singh Counsel for Respondent :- G.A.,Anil Kumar Tiwari

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Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.

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Heard learned counsel for the petitioners and learned AGA for the State.

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By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 25.3.2019 registered as Case Crime No.172 of 2019, under Sections 147,323,354,452 IPC, P.S. Line Bazar, District Jaunpur.

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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.

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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.

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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.

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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.

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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 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 .

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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.

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The writ petition stands disposed of.

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Order Date :- 15.4.2019 M. Tariq

Ravindra Yadav and 4 Others v. State of U.P. and 2 Others

Case brief

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Ravindra Yadav and 4 Others v. State of U.P. and 2 Others

Case brief

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