Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 5107 of 2018 Petitioner :- Shishu Pal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Iqbal Farooqui Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
We have heard learned counsel for the petitioner and learned A.G.A.
This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the impugned First Information Report registered as Case Crime No. 975 of 2017, under Sections 420, 406 IPC, Police Station Kavi Nagar, District Ghaziabad, so far as it relates to the petitioner and also for direction to the opposite parties not to arrest him in pursuance of the impugned F.I.R.
It is contended that no allegation has been made against the petitioner in the F.I.R. and he has been falsely implicated in the present case. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Learned A.G.A. opposed the petition.
We have gone through the allegations contained in the impugned F.I.R., which, prima facie, discloses commission of cognizable offence, as such, we are not inclined to interfere in the F.I.R.
The fact of the matter is that till date arrest has not been effectuated and this is mere apprehension of the petitioner 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 petitioner is to be effectuated and the offence, in which he is 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 petitioner shall not be entitled to any benefit of this order.
Writ petition stands disposed of.
Order Date :- 27.2.2018/faraz