Allahabad High Court
Mohd. Inam And Another vs State Of U.P. And 3 Others on 21 October, 2022
Bench: Mahesh Chandra Tripathi, Surendra Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 14156 of 2022
Petitioner :- Mohd. Inam And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Dharmendra Pratap Singh
Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Surendra Singh-I,J.
Present writ petition was disposed of on 14.10.2022 with following observations:-
"Heard learned counsel for the petitioner and learned A.G.A. for the State respondents.
By means of present writ petition, the petitioner is seeking direction to the respondent authorities to ensure fair, impartial and proper investigation of the Case Crime No.274 of 2022 under Sections 420, 406 IPC, P.S. Gangoh, District Saharanpur.
Learned A.G.A. submits that the First Information Report has been lodged only in the month of June, 2022 and police authorities are under the obligation to do the investigation fairly and expeditiously and if the investigation has already not been completed, the same would be done at the earliest.
In the facts and circumstances of the case, the present petition is disposed of directing the police authorities to conclude the investigation of the said case fairly, impartially and expeditiously."
Learned counsel for the petitioners has moved present correction application dated 18.10.2022 with request to correct the aforesaid order as neither it was prayed nor it was passed by the Court.
Learned AGA has also supported the submissions of learned counsel for the petitioners.
The Court has proceeded to examine the record in question and find substance in the contention raised by learned counsel for the petitioners. By bonafide mistake, the aforesaid order has been passed.Accordingly, the correction application is allowed. The order dated 14.10.2022 stands deleted and in its place following order is being passed:-
"Heard learned counsel for the petitioners and learned AGA.
Present writ petition has been preferred for quashing the FIR dated 1.6.2022 being Case Crime No.274 of 2022 under Section 420, 406 IPC, P.S. Gangoh, Distt. Saharanpur and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.
The submission is that all alleged offences are punishable with imprisonment of seven years, therefore the police authorities are bound to follow the procedure laid down under Section 41-A Cr.P.C. The petitioners have been wrongly implicated and could not be arrested. Learned counsel for the petitioners has placed reliance on the judgement of this Court dated 28.01.2021 in Criminal Misc. Writ Petition No.17732 of 2020 (Vimal Kumar and 3 others vs. State of UP and 3 others) in which guidelines have been framed following the judgement of the Apex Court in different cases, relating to offences providing punishment of seven years or less.
The investigating agencies and their officers are duty bound to comply with the mandate of Section 41 and 41A of the Code and the directions issued in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. Any dereliction on their part has to be brought to the notice of the higher authorities by the court followed by appropriate action. The principle that bail is the rule and jail is the exception has been well recognised through the repetitive pronouncements of the Apex Court, which is on the touchstone of Article 21 of the Constitution of India (Ref. Nikesh Tarachand Shah v. Union of India, (2018) 11 SCC 1. This provision mandates the police officer to record his reasons in writing while making the arrest. Thus, a police officer is duty-bound to record the reasons for arrest in writing. The consequence of non-compliance with Section 41 shall certainly inure to the benefit of the person suspected of the offence. On the scope and objective of Section 41 and 41A, it is obvious that they are facets of Article 21 of the Constitution. The same has been elaborately dealt with in paragraphs 7.1 to 12 of the judgment in Arnesh Kumar's case (supra).
We have gone through the impugned first information report and we are of the opinion that the guidelines framed by this Court in the above noted judgement are equally applicable to the facts of the instant case.
Accordingly, the instant petition also stands disposed of in view of the judgments cited above."
This order shall be treated as part of the order dated 14.10.2022. A certified copy of this order shall be issued along with copy of order dated 14.10.2022.
Order Date :- 21.10.2022
SP/
