Allahabad High Court
Ankur Goyal And 5 Others vs State Of U.P And 3 Others on 25 June, 2021
Bench: Bachchoo Lal, Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 49 Case :- CRIMINAL MISC. WRIT PETITION No. - 4564 of 2021 Petitioner :- Ankur Goyal And 5 Others Respondent :- State Of U.P And 3 Others Counsel for Petitioner :- Ram Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Bachchoo Lal,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioners through video conferencing, learned A.G.A. for the State respondents and perused the record of the case.
This petition has been filed by the petitioners for quashing the impugned F.I.R. dated 24.3.2021 registered as Case Crime No.43 of 2021, under Sections 498A, 323, 406, 494, 504, 506 I.P.C., Police Station Mahila Thana, District Mahila Suraksha (Commissionerate), Gautam Budh Nagar with further prayer not to arrest the petitioners in pursuance of the aforesaid FIR.
It is submitted by the learned counsel for the petitioners that the petitioners are being unnecessarily harassed at the behest of the complainant. If the offence alleged to have been committed by the petitioners be taken in entirety and charges are found to be proved, the petitioners cannot be awarded sentence of more than 7 years. In this view, the arrest of the petitioners 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 petitioners will have sufficient opportunity to rebut the allegations.
Considering the submissions advanced by the learned counsel for the petitioners, we do not find any cogent and convincing reason to quash the FIR, hence the prayer for quashing the FIR 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 petitioners shall not be entitled to any benefit of this order.
The writ petition stands disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.6.2021 Anil K. Sharma