Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State through Video Conferencing.
This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing Case Crime No.498 of 2020, under Sections 34, 452, 323, 324, 504, 506 I.P.C., Police Station-Baghauli, District-Hardoi.
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 :- 20.5.2021 Vinay/-