Allahabad High Court
Awanish Chandra Pandey vs State Of U.P. Thru. Prin. Secy. Home ... on 25 April, 2022
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 2202 of 2022 Petitioner :- Awanish Chandra Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Secrtt. Lko. And Others Counsel for Petitioner :- Arvind Pratap Singh,Dushyant Singh Counsel for Respondent :- G.A. Hon'ble Arvind Kumar Mishra-I,J.
Hon'ble Manish Mathur,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the record.
Petitioner has approached this Court with a request to quash the F.I.R. registered at Case Crime No.0075 of 2022, under Sections - 420 and 177 I.P.C, Police Station - Mandhata, District - Pratapgarh.
This Court has the occasion to peruse the F.I.R. and the F.I.R. 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 petitioner, as such, prayer made on the said score is refused by this Court.
Learned counsel for the petitioner next contended that the offence in question as has been alleged to have been committed by the petitioner is under Sections - 420 and 177 I.P.C and the said offence even if the charges are found to be proved sentence of more than 7 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 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 in case, the investigation of this case 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.
With the aforesaid direction, this petition is disposed of.
Order Date :- 25.4.2022 S Rawat