Priya Amrutbhai Patel vs State Of Gujarat
2022 Latest Caselaw 933 Guj

     R/CR.MA/1160/2022                                     ORDER DATED: 28/01/2022



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 1160 of 2022
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                          PRIYA AMRUTBHAI PATEL
                                  Versus
                            STATE OF GUJARAT
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Appearance:
KUMAR H TRIVEDI(9364) for the Applicant(s) No. 1
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                 Date : 28/01/2022

                                  ORAL ORDER

1. Heard Mr. Kumar H. Trivedi, learned counsel for the applicant and Mr. Manan Mehta, learned APP for the Respondent State.

2. Learned APP appearing for the State reiterating the facts of the Investigation report submitted that, the directions given by the Apex Court in the case of Arnesh Kumar Vs. State of Bihar [2014 (8) SCC 273 (SC)] would not applicable in the present case as the applicant is facing charges for the offence under Section 409 of Indian Penal Code, 1860, for which punishment of life imprisonment or 10 years imprisonment is prescribed.

3. Mr. Trivedi, learned counsel for the applicant, on instructions, does not press this application with a liberty to file fresh application before the Sessions Court concerned for deciding the same on merits.

4. Upon perusal of the reasons recorded by the Sessions Court, more particularly in paragraphs 3 and 4, the Sessions Court has observed that "as the offence under Sections 406, 409, 420, 120(b) of Indian Penal Code, 1860 is punishable upto 7 years, as per the law laid down by the Apex Court in the case of Arnesh Kumar (supra), it is mandatory on the part of the Investigating Officer to

R/CR.MA/1160/2022 ORDER DATED: 28/01/2022

issue notice under Section 41-A of the C.r.P.C. and record the reasons of arrest. But, in the present case, as no such notice is issued to the applicant, it is expected that the concerned Investigating Officer shall have to follow the dictum of the Apex Court in the case of Arnesh Kumar (supra)".

5. This Court is of considered view that the FIR came to be registered for the offence under Sections 406, 409, 420 and 120(b) of Indian Penal Code, 1860 and therefore, learned APP is right in his submissions that the judgment of the Arnesh Kumar (supra) would not applicable to the present case.

6. In the aforesaid background facts, present application is disposed of as not pressed, with a liberty to the applicant to file fresh application before the Sessions Court and in the event of filing of such application, the Sessions Court concerned shall decide the application on merits, in accordance with law. It is made clear that this Court has not examined the matter on merits.

(ILESH J. VORA,J)

SUCHIT