Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5543 of 2019 Petitioner :- Lakshami Narayan Gupta And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Deo Mishra,Shri Ram (Rawat),Shushil Kumar Mishra Counsel for Respondent :- G.A.,Kamlesh Prasad
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Giri Ram Rawat, learned counsel for the petitioners, Sri Kamlesh Prasad, learned counsel for the informant and learned A.G.A. for the State of Uttar Pradesh.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 31.12.2018 registered as Case Crime No. 373 of 2018 under Sections 452, 323, 504 & 506 I.P.C., Police Station- Khiri, District- Prayag Raj.
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 petitioners. As such, prayer made on the said score is refused by this Court.
Learned counsel for the petitioners next contended that the offence in question as has been alleged to have been committed by the petitioners is under Sections 452, 323, 504 & 506 I.P.C., 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 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 and the offence, in which they are 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 :- 28.2.2019 Ashutosh Pandey