Hon'ble Saurabh Lavania,J.
Heard.
By means of present petition, the petitioners seek issuance of a writ in the nature of certiorari quashing First Information Report dated 19.04.2021 bearing FIR/ Case Crime No. 0127 of 2021, under Sections- 188/353/332/504 IPC and 3/51 Disaster Management Act, 2005 and 2/3 Public Property Damage Act, 1984, Police Station-Banthra, District-Lucknow.
Learned counsel appearing for the State states that the offences allegedly committed entail a sentence up to seven years. In such circumstances, the investigating officer shall ensure compliance of provisions of Section 41, 41-A and 41-B 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.
On perusal of the First Information Report impugned herein it cannot be said at this stage that no cognizable offence is made out against the petitioners, therefore, we do not find any valid ground for interfering with the F.I.R., however, as the offence alleged carry a sentence less than or up to seven years, therefore, statutory protection under Section 41, 41A and 41B of the Code of Criminal Procedure is already available, which the police authorities are bound to comply in this case also.
The writ petition is accordingly disposed of.
Order Date :- 19.5.2021 Jyoti/-