The court refused the prayer to quash the F.I.R. but directed police to adhere to Section 41(1)(b) and 41-A Cr.P.C. rules during arrest, stating the order lapses upon filing the charge-sheet.
Petition dismissed; direction to police to follow Sections 41(1)(b) and 41-A Cr.P.C. during arrest; order expires upon filing charge sheet.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6904 of 2020
Petitioner :- Suraj And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dhananjay Singh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,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 first information report dated 29.10.2019 registered as Case Crime No. 0835 of 2019, under Sections 147, 148, 323, 504, and 427 I.P.C. and Section 3 (1) (r), 3 (1) (s) Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, police station Izzatnagar, district Bareilly.
It is submitted by the learned counsel for the petitioners that the petitioners are 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.
Per contra learned A.G.A. contended that the allegations made in the f i rst information report cannot be aborted at this stage. The petitioners will have sufcient opportunity to rebut the fi allegations.
Considering the submission advanced by the learned counsel for the petitioner, we do not find any cogent and convincing reason to quash the first information report. The prayer for quashing the first information report 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 41-A of the Cr.P.C. as per direction of Hon'ble Apex Court in the case of Arnesh Kumar vs. State of Bihar and another, 2014 Law Suit (SC) 518 .
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 :- 8.7.2020
Shahnawaz
2 issues framed by the court
Whether the first information report should be quashed in view of the petitioners' apprehension of improper arrest.
Whether directive regarding arrest under Section 41(1)(b) and 41-A Cr.P.C. should be issued in the present petition.
Colour shows how this judgement treated each authority
Arnesh Kumar vs. State of Bihar and anotherExplained¶12
Arnesh Kumar vs. State of Bihar and another, 2014 Law Suit (SC) 518
Suraj And 4 Others
State Of U.P. And 3 Others
Naheed Ara Moonis
Dinesh Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
