Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 6927 of 2021 Petitioner :- Vijayee And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Monis Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard learned counsel for the petitioners and learned AGA for the State-respondents.
By means of the instant petition, the petitioners have challenged first information report dated 6.7.2021 registered as Case Crime No.0225 of 2021 under Sections 147, 435, 504, 506, 427 IPC Police Station Buxa District Jaunpur.
As per the allegations made in the information report, the accused hurled abuses upon the complainant and set his house on fire. They damaged six motorcycles and marha got burnt in fire.
The sole submission of learned counsel for the petitioners is that all alleged offences are punishable with imprisonment of seven years or less consequently Sections 41 and 41-A Cr.P.C. is attracted but without following the procedure laid down therein, the police on the very next day effected arrest of co- accused. The petitioners also apprehend their arrest by the police without following the procedure prescribed under Sections 41 and 41-A Cr.P.C.
Learned AGA very fairly stated that maximum punishment for alleged offences is seven years and thus Section 41 and 41-A Cr.P.C. would get attracted.
While we do not find any ground to quash the first information report, the petition is disposed of by providing that in case police wants to effect arrest of the accused persons, they shall follow the procedure prescribed under Sections 41 and 41-A Cr.P.C.
(Mohd. Aslam, J.) (Manoj Kumar Gupta, J.) Order Date :- 19.8.2021 skv