Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2888 of 2021 Petitioner :- Vivek Mittal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Singh Bais Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents and perused the record.
This petition has been filed by the petitioner seeking quashing of the F.I.R. dated 14.09.2020 registered as Case Crime No. 290 of 2020, under Sections 379, 411 I.P.C. and Section 2/3 Public Properties Damages (Prevention) Act, 1984, Police Station- Rampur Maniharan, District- Saharanpur, with a further prayer not to arrest the petitioner in pursuance of the said F.I.R.
It is submitted by the learned counsel for the petitioner that the petitioner is being unnecessarily harassed at the behest of the complainant. If the offence alleged to have been committed by the petitioner be taken in entirety and charges are found to be proved, the petitioner cannot be awarded sentence of more than 7 years. In this view, the arrest of the petitioner should not be effectuated by the police personnel.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
Considering the submissions advanced by the learned counsel for the petitioner, we do not find any cogent and convincing reason to quash the FIR, hence the prayer for quashing the F.I.R. is refused.
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 petitioners is to be effectuated in the aforesaid case in which they are wanted, the 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 if the investigation in this matter has been completed and police report under Section 173(2) Cr.P.C. has been filed, the petitioner shall not be entitled to any benefit of this order.
The writ petition stands disposed of. Order Date :- 7.4.2021 Ishan