Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioner(s) and learned A.G.A. for the State.
The petitioner seeks issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No. 0122 of 2021, under Sections 147, 148, 149, 323, 324, 307 I.P.C., Police Station- Lalganj, District- Raebareli.
Shri S.P. Singh, learned A.G.A. informs the Court on the basis of instructions that the offences alleged under Section 324 and 307 I.P.C. have been dropped by the police and Section 504 I.P.C. has been added by the police during investigation against the petitioners.
Learned counsel for petitioner says that now remaining offences as alleged are of less than 7 years, therefore, Section 41-A IPC is attracted.
Learned counsel appearing for the State states that the offence(s) allegedly committed entail a sentence up to seven years. In such circumstances, the investigating officer shall ensure compliance of provisions of Section 41, 41-A and 41-B of the Code of Criminal Procedure as provided by Hon'ble Supreme Court of India in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273.
On a perusal of the First Information Report impugned herein it can not be said at this stage that no cognizable offence is made out against the petitioner(s), therefore, we do not find any valid ground for interfering with the F.I.R., however, as the offence alleged carry a sentence less than or upto seven years, therefore, statutory protection under Section 41, 41A and 41B of the Code of Criminal Procedure is already available, which the police authorities are bound to comply in this case also.
The writ petition is accordingly disposed of.
Order Date :- 21.5.2021 R.K.P.