Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 24123 of 2017 Petitioner :- Kanchan Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudarshan Singh Counsel for Respondent :- G.A.
Hon'ble Krishna Murari,J.
Hon'ble Akhilesh Chandra Sharma,J.
We have heard learned counsel for the petitioner and learned A.G.A.
This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the impugned First Information Report registered as Case Crime No. 275 of 2017 under Section 419 and 420 IPC, Police Station Chandauli, District Chandauli so far as it relates to the petitioner and also for direction to the opposite parties not to arrest him in pursuance of the impugned F.I.R.
It is contended that if the charges in the said offence are found to be proved even then sentence of more than seven years cannot be awarded and in view of this, mechanically arrest should not be effectuated by the police personnel.
Learned AGA opposed the petition.
We have gone through the allegations contained in the impugned F.I.R., which, prima facie, discloses commission of cognizable offence, 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 this is mere apprehension of the petitioner 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 petitioner is to be effectuated and the offence, in which he is 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 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.
Writ petition stands disposed of.
Order Date :- 8.11.2017 MT**