Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 36961 of 2018 Petitioner :- Chandrabhan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Kumar Singh Rajawat Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri Shiv Kumar Singh Rajawat, learned counsel for the petitioner and Sri P. Maurya, learned A.G.A. for the respondent nos. 1 to 3.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 8.10.2018 registered as Case Crime No.0253 of 2018 under Sections 379, 411, 147, 504, 506, 353 I.P.C., P.S.-Moth, District-Jhansi.
This Court has the occasion to peruse the F.I.R. and the F.I.R. in question does disclose a cognizable offence. In view of this, there is no occasion for this Court to quash the F.I.R. as has been prayed on behalf of petitioner. As such, prayer made on the said score is refused by this Court.
Learned counsel for the petitioner next contended that the offence in question as has been alleged to have been committed by the petitioner is under Sections 379, 411, 147, 504, 506, 353 I.P.C. and the said offence, even if the charges are found to be proved, sentence of more than 7 years can not be awarded and in view of this, mechanically arrest should not be effectuated by the police personnel.
It has been further argued that in a petition filed by the co- accused, protection has already been granted by this Court in Criminal Misc. Writ Petition No. 36124 of 2018 and similar order may be passed in the present case as well.
The fact of the matter is that till date, arrest has not been effectuated and this is mere apprehension of the petitioner 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 petitioner is to be effectuated and the offence, in which he is wanted, will not entail sentence of more than 7 years, then in that event, 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.
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 petitioner shall not be entitled to any benefit of this order.
With the above directions, this petition is disposed of finally.
Order Date :- 19.12.2018 S.K.