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Jagat Singh Pradhan vs State Of U P And Others

High Court Of Judicature at Allahabad|12 October, 2018


Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 29497 of 2018 Petitioner :- Jagat Singh Pradhan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amrendra Kumar Mishra,Pankaj Shukla Counsel for Respondent :- G.A. Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned AGA for the State.
Petitioner has approached this Court with a prayer to quash the FIR which has been registered as Case Crime No. 686 of 2018, under Section-67 of Information Technology (Amendment) Act at P. S.-Kalyanpur, District- Kanpur Nagar.
This Court has the occasion to peruse the FIR and the FIR in question does discloses a cognizable offence, in view of this, there is no occasion for this Court to quash the FIR, as has been prayed on behalf of petitioner, as such, prayer made on the said score is refused by this Court.
Learned counsel for the petitioner next contended that the offence in question as has been alleged to have been committed by the petitioner is under the aforementioned section and under the said offences, even if the charges are found to be proved, sentence of more than seven years can not be awarded and, in view of this, mechanically arrest should not be effectuated by the police personnel.
The fact of the matter is that till date arrest has not been effectuated and this is mere apprehension of the petitioner that he 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 and the offence, in which he is wanted, will not entail sentence of more than 7 years, then in that event, 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 in case, the investigation of this case 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.
Writ petition stands disposed of.
Order Date :- 12.10.2018 HR
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Jagat Singh Pradhan vs State Of U P And Others


High Court Of Judicature at Allahabad

12 October, 2018
  • Bala Krishna Narayana
  • Amrendra Kumar Mishra Pankaj Shukla