Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The petitioner seeks issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No. 0214 of 2021, under Sections 152, 147, 148, 188, 342, 332, 353, 336, 269 IPC, Section 7 Criminal Law Amendment Act and Section 3 Pandemic Act, 1897 at Police Station- Lalganj, District-Pratapgarh.
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, 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 a perusal of the First Information Report impugned herein it cannot be said at this stage that no cognizable offence is made out against the petitioner, therefore, we do not find any valid ground for interfering with the F.I.R., however, as the offence alleged carry a sentence of less than or upto seven years, therefore, statutory protection under Sections 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 :- 17.5.2021 Shanu/-