Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 6975 of 2021 Petitioner :- Geeta Devi And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Digvijay Tiwari Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard Shri Digvijay Tiwari, learned counsel for the petitioners and learned A.G.A. for the State- respondents.
This petition has been filed by the petitioners seeking quashing of the first information report dated 4.8.2021, registered as Case Crime No.428 of 2021, under Sections 147, 148, 323, 504, 506, 352 I.P.C. and 3(2)(va) S.C./S.T. Act, 1989, Police Station- Iglas, District Aligarh, with a further prayer not to arrest the petitioners in pursuance of the said F.I.R.
It is submitted by the learned counsel for the petitioners that the petitioners have been falsely implicated in this case by the informant to create pressure upon the petitioners with intention to grab the land illegally. It is further submitted that this is the case of no injury. The allegations in the F.I.R. are palpably incorrect. He further submitted that even if charges are proved, the petitioners cannot be sentenced to more than seven years imprisonment. Consequently they are entitled to protection of Section 41-A Cr.P.C., but the police is threatening to arrest them without following the said procedure.
Per contra learned A.G.A. contended that the correctness of the allegations made in the first information report cannot be examined at this stage.
Considering the submissions advanced by the learned counsel for the petitioners, 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 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 accordance with 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.8.2021 Anil K. Sharma (Mohd. Aslam, J.) (Manoj Kumar Gupta, J.)