Hon'ble Vipin Chandra Dixit,J.
None is present for the petitioners in spite of providing link for hearing through video conferencing.
Heard learned A.G.A. through video conferencing and perused the record.
This petition has been filed by the petitioners seeking to quash of the F.I.R. dated 13.2.2021 registered as Case Crime No. 55 of 2021, under Sections 147, 452, 323, 504, 506 IPC, Police Station- Cantt. District- Bareilly with a further prayer not to arrest the petitioners in pursuance of the said F.I.R.
Learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
Considering the facts and circumstances of the case, we do not find any cogent and convincing reason to quash the FIR, hence the prayer for quashing the FIR is refused.
The fact of the matter is that till date arrest has not been effectuated and this is mere apprehension of the petitioners 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 petitioners is to be effectuated in the aforesaid case in which they are 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.
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 petitioners shall not be entitled to any benefit of this order.
The writ petition stands disposed of.
Order Date :- 17.5.2021 Gss