Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15999 of 2015
Petitioner :- Ajay Pal Singh
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Vinod Kumar Maurya
Counsel for Respondent :- Govt.Advocate
Hon'ble V.K. Shukla,J.
Hon'ble Vijay Prakash Pathak,J.
Heard learned counsel for the petitioner and learned AGA for the State.
Petitioner has approached this Court with a request to quash the FIR dated
29.10.2014 registered as Case Crime No. 235/2014 under Sections 420, 120-
B, 218 IPC at police station Kotwali Nagar, District Moradabad.
This Court has the occasion to peruse the FIR and the FIR 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, 120-B, 218 IPC and for none of the offences 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/she 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/she are 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.
Writ petition stands disposed of.
Order Date :- 9.7.2015
A. Pandey
Neutral Citation No. - 2015:AHC:90043-DB