Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1680 of 2019 Petitioner :- Kuldeep Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Yadav Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State of Uttar Pradesh.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 01.01.2019 registered as Case Crime No. 0004 of 2019 under Sections 147, 148, 504, 506, 427 I.P.C., 7 Criminal Law Amendment Act, Sections 2/A, 2/C, 2/D of Uttar Pradesh Chikitsa Paricharya Sewa Karmi and Chikitsa Paricharya Sewa Sansthan (Hinsa aur Sampatti Ki Kshati Ka Niwaran) Adhiniyam 2013, Police Station- Gulariha, District- Gorakhpur.
This Court has the occasion to peruse the F.I.R. and the F.I.R. in question does disclose a cognizable offence. In view of this, there is no occasion for this Court to quash the F.I.R. 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 petitioners is under Sections 147, 148, 504, 506, 427 I.P.C., 7 Criminal Law Amendment Act, Sections 2/A, 2/C, 2/D of Uttar Pradesh Chikitsa Paricharya Sewa Karmi and Chikitsa Paricharya Sewa Sansthan (Hinsa aur Sampatti Ki Kshati Ka Niwaran) Adhiniyam 2013 and the said offence, even if the charges are found to be proved, sentence of more than 7 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 petitioners 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 petitioners 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 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.
With the above directions, this petition is disposed of finally. Order Date :- 22.1.2019/Sharad/-