Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37872 of 2018 Petitioner :- Saurabh (Minor) And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard counsel for the petitioners and A.G.A. for the State.
This writ petition has been filed for quashing the impugned F.I.R. dated 26.9.2018 registered as Case Crime No. 256 of 2018, under Section 354, 504 IPC and Section 7/8 POCSO Act, P.S.Machhalishahar, Distt. Jaunpur.
A perusal of the F.I.R. shows that it discloses a cognizable offence. In view of this, there is no occasion for this Court to quash the F.I.R. as has been prayed on behalf of petitioner. Therefore, the prayer for quashing the F.I.R. is refused.
The counsel for the petitioners next contended that the offence in question as has been alleged to have been committed by the petitioners is under Section 354, 504 IPC, and for the said offence, even if the charges are found to be proved, sentence of more than 7 years cannot be awarded and in view of this, mechanically arrest should not be effectuated by the police personnel.
The fact of the matter is that till date, arrest has not been effectuated and this is mere apprehension of the petitioner that they 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 petitioner/s is to be effectuated and the offence, in which they are wanted, will not entail sentence of more than 7 years, then in that event, 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.
With the above directions, this petition is disposed of finally.
Order Date :- 21.12.2018 mt