Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 5058 of 2018 Petitioner :- Shivpal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sarvesh Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner and learned AGA for the State.
Petitioner has approached this Court with a request to quash the FIR registered as Case Crime No. 405 of 2015, under Sections 147, 148, 353, 332, 186 and 283 I.P.C. and 7 Criminal Law Amendment Act, P.S. Saurikh, District Kannauj.
This Court has the occasion to peruse the FIR and the FIR in question does discloses a cognizable offence, in view of this, there is no occasion for this Court to quash the FIR, as has been prayed on behalf of petitioners, as such, prayer made on the said score is refused by this Court.
Learned counsel for the petitioner next contended that the offence in question as has been alleged to have been committed by the petitioners is under Sections Sections 147, 148, 353, 332, 186 and 283 I.P.C. and 7 Criminal Law Amendment Act and the said offence even if the charges are found to be proved sentence of more than 7 years can not 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 petitioners 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 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.
Writ petition stands disposed of.
Order Date :- 27.2.2018 R