Applicants sought action against the Investigating Officer for arresting them in a case under Sections 323, 324, 325, 504 IPC without following Section 41/41A CrPC procedure. The court found no merit in the application and dismissed it.
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Neutral Citation No. - 2025:AHC-LKO:10300
Court No. - 14
Case :- APPLICATION U/S 482 No. - 264 of 2016 Applicant :- Suresh And Others Opposite Party :- The State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Ors.
Counsel for Applicant :- Ashok Kumar Bajpai,Shyam Bahadur Counsel for Opposite Party :- Govt. Advocate
Hon'ble Subhash Chandra Sharma,J.
Pleadings have been exchanged.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application u/s 482 Cr.P.C. has been filed by the applicants with prayer to summon and punish the Investigating officer i.e. opposite party no. 3 of Case Crime No. 441 of 2015, under Sections 323, 324, 325, 504 IPC, Police Station Shivratanganj, District Amethi for not following and for not adopting the procedure of Section 41(A) Cr.P.C. in the present case, which is punishable less than 7 years in the interest of justice.
It is submitted by learned counsel for the applicants that in this case, police arrested the applicants for the offence under Sections 323, 325, 324, 504 IPC in Crime No. 441 of 2015 on 16.7.2015 without complying the provisions of Section 41 Cr.P.C. Further submitted that applicants were released by the Magistrate at the time of remand but their arrest was totally illegal, since it was in violation of provisions of law.
Learned A.G.A. opposed the prayer as aforesaid and contended that in this case case, applicants committed the offence first and again they have tried to commit the same offence that was reason police arrested them and produced before the Magistrate from where they were released.
On considering the facts and circumstances of the case, submissions made by learned counsel for the applicants as well as learned A.G.A. perusal of record and relevant provision of law, there appears no merit in the case, therefore, this application is dismissed.
Accordingly, the present application is dismissed .
Order Date :- 18.2.2025 Anurag Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the Investigating Officer should be summoned and punished under Section 482 CrPC for arresting the applicants without complying with Sections 41 and 41A CrPC in a case punishable with less tha
7 provisions across 2 enactments
Suresh And Others
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
