Hon'ble Manish Mathur,J.
The case is taken up through Video Conferencing.
Heard learned counsel for the petitioners, learned A.G.A. on behalf of the State and perused the records.
The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report dated 20.04.2021 registered as FIR/Case Crime No.0078 of 2021, under Sections 147, 148, 323, 504, 506, 427, 188 IPC and Section 7 of Criminal Law (Amendment) Act, 2013, Section 51 of Disaster Management Act, 2005 and Section 3 of Epidemic Diseases Act, 1897, related to P.S.Paraspur, District Gonda.
Mr. Raj Priya Srivastava, learned counsel for the petitioners makes a statement at the bar that he does not want to press the writ petition on behalf of petitioner no.3/Alok Singh as he has been arrested by the police.
As such, the writ petition, on behalf of petitioner no.3/Alok Singh is dismissed as not pressed.
We have heard learned counsel for the petitioner(s) and learned counsel for the State and have gone through the contents of the impugned First Information Report. Petitioner(s) are entitled for the benefit of Section 41A Cr.P.C.
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 and Section 41-A 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.
We have considered the stand of learned counsel for the State. In Arnesh Kumar's case (supra) the following (relevant portion) has been held:-
"9. Another provision i.e. Section 41A Cr.PC aimed to avoid unnecessary arrest or threat of arrest looming large on accused requires to be vitalised. Section 41A as inserted by Section 6 of the Code of Criminal Procedure (Amendment) Act, 2008(Act 5 of 2009), which is relevant in the context reads as follows:
"41A. Notice of appearance before police officer.-
(1) The police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of Section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.
(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.
(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.
(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice."
"The aforesaid provision makes it clear that in all cases where the arrest of a person is not required under Section 41(1), Cr.PC, the police officer is required to issue notice directing the accused to appear before him at a specified place and time. Law obliges such an accused to appear before the police officer and it further mandates that if such an accused complies with the terms of notice he shall not be arrested, unless for reasons to be recorded, the police office is of the opinion that the arrest is necessary. At this stage also, the condition precedent for arrest as envisaged under Section 41 Cr.PC has to be complied and shall be subject to the same scrutiny by the Magistrate as aforesaid." (emphasized by us) Considering the stand taken by learned counsel for the State in context of judgment rendered by the Hon'ble Supreme Court of India in Arnesh Kumar's case (supra), relevant portion from which has been extracted above, this petition is disposed of in respect of petitioner nos.1 and 2 and 4 to 11 in view of the provisions of Section 41-A Cr.P.C. and the law as laid down by Apex Court in the case of Arnesh Kumar (supra).
Order Date :- 12.5.2021 Ram.