Allahabad High Court
Sunil Kumar Verma And 3 Ors vs State Of U.P. And 3 Ors on 3 February, 2015
Bench: V.K. Shukla, Mohd. Tahir
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- CRIMINAL MISC. WRIT PETITION No. - 2742 of 2015 Petitioner :- Sunil Kumar Verma And 3 Ors Respondent :- State Of U.P. And 3 Ors Counsel for Petitioner :- Manoj Kumar Keshari Counsel for Respondent :- Govt. Advocate,Devendra Mohan Singh Hon'ble V.K. Shukla,J.
Hon'ble Mohd. Tahir,J.
Heard learned counsel for the petitioners, learned A.G.A and Shri Devendra Mohan Singh, learned counsel for the complainant.
Petitioners in the present case have approached this Court with a request to quash the FIR dated- 23.12.2014 registered as Case Crime No. 1032 of 2014, under Sections- 419, 420, 323, 504, 506, 498A IPC and 3/4 D.P. Act, Police Station ? Phephna, District ? Ballia.
This Court has the occasion to peruse the FIR and as far as request for quashing of FIR is concerned, said request cannot be accorded as prima-facie perusal of the same does reflect disclosure of cognizable offence.
Learned counsel for the petitioners next contended that in the present case entire family members have been roped and the concerned police without complying with the provisions as contained under sub-clause (b) of Clause (1) of Section 41 Cr.P.C. would proceed to arrest the petitioners and even provision as contained under Section 41-A of Cr.P.C. would not be complied with.
Once there are statutory provision holding the field of arrest in respect of offence wherein punishment is up till 7 years then the authority concerned are duty bound to comply with the provisions as contained under sub-clause (b) of Clause (1) of Section 41 Cr.P.C. while proceeding to effectuate arrest and even provision as contained under Section 41-A of Cr.P.C. has to be complied with.
Apex Court in the case of Arnesh Kumar Vs. State of Bihar & Another (Criminal Appeal No. 1277 of 2014 @ Special Leave Petition (Crl.) No. 9127 of 2013, decided on July 2, 2014 has reiterated for ensuring strict compliance of said provisions.
In view of this, at the time of effectuating arrest, the authority concerned shall ensure compliance of the provision as contained under sub-clause (b) of Clause (1) of Section 41 Cr.P.C. and Section 41-A as directed by Apex Court in the Case of Arnesh Kumar (Supra).
With the above direction/observations present writ petition is disposed of.
Order Date :- 3.2.2015 Fhd.