Hon'ble Saurabh Lavania,J.
Heard.
By means of present petition, the petitioner seeks issuance of a writ in the nature of certiorari quashing First Information Report dated 29.08.2019 bearing FIR No. 574 of 2019, under Sections- 420 IPC, Police Station- Vibhuti Khand, 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 petitioner, 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 :- 20.5.2021 Jyoti/-