In Residence
Case :- CRIMINAL MISC. WRIT PETITION No. - 3541 of 2021 Petitioner :- Jahangir Ali And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Alok Kumar Singh,Sanjay Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Learned counsel for the petitioners contended that other co- accused named in the first information report dated 09.03.2021 have been granted relief in Criminal Misc. Writ Petition No. 2830 of 2021 - Harish Kumar & 05 others Vs. State of U.P. & another, in the following manner:-
"This petition has been filed by the petitioners seeking quashing of the F.I.R. dated 9.3.2021 registered as Case Crime No. 0116 of 2021, under Sections 153-A, 505(1-C), IPC, Police Station Najibabad, District Bijnor, 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 are being unnecessarily harassed at the behest of the complainant. If the offence alleged to have been committed by the petitioners be taken in entirety and charges are found to be proved, the petitioners cannot be awarded sentence of more than 7 years. In this view, the arrest of the petitioners should not be effectuated by the police personnel.
Per contra 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 submissions advanced by the learned counsel for the petitioners, 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 them, 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."
This Court is of the opinion that the petitioners herein are also entitled for the same relief.
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 is accordingly disposed of.
Order Date :- 20.5.2021 gp