Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 29479 of 2018 Petitioner :- Sunita And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajiv Sisodia,Dhirendra Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
Petitioners have approached this Court with a prayer to quash the FIR which has been registered as Case Crime No. 112 of 2018, under Sections-406, 420, 504 and 506 I. P. C., P.S.-Rehar, District-Bijnor.
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 petitioners next contended that the offence in question as has been alleged to have been committed by the petitioners is under the aforementioned sections and under the said offences, even if the charges are found to be proved, sentence of more than seven 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 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 petitioners 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 in case, the investigation of this case 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.
Writ petition stands disposed of.
Order Date :- 12.10.2018 HR