Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioner(s) and learned A.G.A. for the State.
The petitioners seek issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No. 187 of 2021, under Section 323, 324 IPC read with Section 3(2)(va) SC/ST Act, Police Station- Isha Nagar, District- Kheri.
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.