Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2777 of 2021 Petitioner :- Mohd. Rafeeq And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nasiruzzaman,Mohit Kumar Jaiswal Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner and learned A.G.A. for the respondent nos. 1 & 2 and perused the record.
This petition has been filed by the petitioners seeking quashing of the F.I.R. dated 13.03.2021 registered as Case Crime No.135 of 2021, under Sections 406, 420, 506 I.P.C., Police Station- Civil Lines, District- Aligarh, with a further prayer not to arrest the petitioner 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 petitioner 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 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 in the aforesaid case in which they are is 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.
Order Date :- 7.4.2021 aks