Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 6953 of 2021 Petitioner :- Nirakar Giri And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava,Dinesh Kumar Vishwakarma Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard Shri Dhirendra Kumar Srivastava, learned counsel for the petitioners and learned A.G.A. for the State- respondents.
This petition has been filed by the petitioners seeking quashing of the first information report dated 17.7.2021, registered as Case Crime No.598 of 2021, under Sections 323, 504, 354 I.P.C., Police Station- Baradari, District Bareilly, with a further prayer not to arrest the petitioners in pursuance of the said F.I.R.
Learned counsel for petitioners states that petitioner no.3 had died on 14.8.2021. Consequently, the writ petition in respect of petitioner no.3 is hereby dismissed.
The contention of learned counsel for the petitioners is that on 11.7.2021, the police challaned both sides, but in those proceedings there is nothing to indicate that the first informant was subjected to any harassment as alleged in the F.I.R. He further submitted that although all offences are punishable by sentence of less than seven years, and therefore, Section 41-A Cr.P.C. is attracted, but the police is threatening to arrest the petitioners without following the procedure laid down therein.
Learned A.G.A. does not dispute that the police is bound by the procedure prescribed under Section 41-A Cr.P.C.
We have gone through the impugned F.I.R. We find that the allegations made therein clearly discloses commission of cognizable offence, and therefore, no case is made out to quash the F.I.R. However, we find considerable force in the submission of learned counsel for the petitioners that all offences are punishable with sentence less than seven years, and therefore, the procedure prescribed under Section 41-A Cr.P.C. is required to be followed.
In view of the above, it is hereby directed that in case arrest of petitioners is to be effectuated, the concerned police personnel should deal with the matter in accordance with 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.8.2021 Anil K. Sharma (Mohd. Aslam, J.) (Manoj Kumar Gupta, J.)