Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 8024 of 2021 Petitioner :- Subhash Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Vakalatnama filed by Sri K.K.Singh on behalf of the complainant is taken on record.
Heard learned counsel for the petitioner, learned counsel for the complainant, learned A.G.A for the State and perused the record.
This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the impugned First Information Report dated 01.09.2020 registered as Case Crime No. 48 of 2021, under Section 3/7 Essential Commodities Act, Police Station Chakarghatta, District Chandauli in so far as it relates to the petitioner as also for the direction to the respondent not to arrest him in pursuance of the impugned F.I.R.
It is contended that even if the charges relating to the alleged offence are found to be proved, sentence of more than seven years cannot be awarded and in view of this, technically arrest should not be effectuated by the police personnel.
Learned A.G.A. opposed the petition.
Nothing has been indicated in the writ petition which would indicate the stage of the investigation.
We have gone through the allegations contained in the impugned F.I.R., which, prima facie, discloses commission of cognizable offence and 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 the petitioner is under an apprehension that he would be arrested in breach of the provisions as contained in Section 41 (1) (b) read with Section 41-A of the Cr.P.C. Once the statute prescribes procedure it is always expected of the executing authority that they would adhere to the same.
In case of any violation of the statutory procedure, complaint can also be made to the Magistrate concerned who may remedy the situation.
In view of the above, it is hereby directed that in the event arrest of petitioner is to be effectuated and the offence, in which he is wanted, would not entail sentence of more than 7 years then the concerned police personnel shall deal with the matter strictly in compliance of the provisions as contained in Section 41 (1) (b) read with Section 41-A of the Cr.P.C.
It is further provided that if the investigation in the matter has been completed and police report under Section 173(2) Cr.P.C. has been filed, the benefit of this order would not be extended and the concerned court shall deal with the matter in accordance with law.
Subject to the above, the writ petition is disposed of.
Order Date :- 30.9.2021 Gss