Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 24324 of 2019 Petitioner :- Deepak Sahni Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Mir Sayed Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard Sri Mir Sayed, learned counsel for the petitioner and learned A.GA. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the F.I.R. dated 12.11.2019 lodged in Case Crime No. 321 of 2019, under Sections 381 I.P.C., Police Station Kidwai Nagar, District Kanpur Nagar.
It is submitted by the learned counsel for the petitioner that respondent no.3 has filed the impugned F.I.R. against the petitioner with vague and baseless allegations, petitioner is innocent and has been falsely implicated in the present case. It is further submitted that respondent no.3 now does not want to proceed with the prosecution against the petitioner and there are chances of amicable settlement. If the offence alleged to have been committed by the petitioner be taken in entirety and charges are found to be proved, the petitioner cannot be awarded sentence of more than 7 years. In this view, the arrest of the petitioner 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 petitioner will have sufficient opportunity to rebut the allegations.
Considering the submissions advanced by the learned counsel for the petitioner, 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 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 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 petitioner shall not be entitled to any benefit of this order.
The writ petition stands disposed of.
Order Date :- 29.11.2019 Ashok Gupta