Uttarakhand High Court
Fardeen Ahmad & Others ... vs State Of Uttarakhand &Ors on 11 November, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Criminal Writ Petition No. 2072 of 2022
Fardeen Ahmad & others ......Petitioners
Versus
State of Uttarakhand &Ors. ......Respondents
Present:
Mr. Shariq Khurshid, the learned counsel for the petitioners.
Mr. J.S. Virk, the learned Dy. Advocate General for the State.
Date of hearing and order: 11.11.2022
Sri Sanjaya Kumar Mishra, J.
By filing this writ petition, the petitioners have
prayed as follows:-
i. Issue a writ, order or direction in the nature of
certiorari quashing the impugned first information
report dated 28.07.2022 being FIR No. 0420 of 2022
for the offences punishable under section 323, 341,
452, 504 and 506 of IPC at Police Station Kashipur,
District Udham Singh Nagar, District Udham Singh
Nagar (contained as Annexure no. 1 to this writ
petition).
ii. Issue a writ order or direction in the nature of
mandamus commanding and directing the respondent
no. 1 and 2 not to arrest the petitioners in connection
with impugned first information report dated
28.07.2022 being 0420 of 2022 for the offences
punishable under section 323, 341, 452, 504 and 506
of IPC at Police Station Kashipur, District Udham
Singh Nagar, District Udham Singh Nagar (contained
as Annexure no. 1 to this writ petition).
iii. Issue a writ order or direction in the nature of
mandamus directing the respondent no. 1 and 2 to
comply the provisions contained under Section 41-A
Cr.P.C. before affecting the arrest of the petitioners in
pursuance to impugned First Information Report
lodged by the respondent no. 3 on 28.07.2022
against the petitioner registered as FIR No. 0420 of
2022 for the offences punishable under section 323,
341, 452, 504 and 506 of IPC at Police Station
Kashipur, District Udham Singh Nagar, District Udham
Singh Nagar (contained as Annexure no. 1 to this writ
petition).
2. A careful examination of the FIR reveals that
offences are made out from the contents thereof,
hence, prima facie, case for issuance of notice has not
been made out. There is no valid reason for quashing
the FIR. Hence, this Court is not inclined to entertain
the writ petition. It is also brought to the notice of the
Court that another case under Section 354 of the Penal
Code has been registered against petitioner no. 1
Fardeen Ahmad, but he has been granted bail in that
case, as he is minor.
3. The learned counsel for the petitioner, however,
submits that proper direction will be given to the
investigating officer for following the principle as
enunciated by the Hon'ble Supreme Court in the case of
Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273
and notice under Section 41-A of the Code be issued.
Since, the Hon'ble Supreme Court has laid down
principle in Arnesh Kumar (supra), and the same has
been followed in the subsequent judgment of Satyendra
Kumar Antil vs. CBI, 2022 SCC Online SC 825, there is
no need for this Court to pass repeated directions to
follow the mandate laid down by the Hon'ble Supreme
Court. However, this Court also observes that there are
number of instances where the police has violated the
principles laid down by the Hon'ble Supreme Court in
the aforesaid judgment and have arrested the persons
and forwarded them to custody. This Court, therefore,
observes here that if such cases come to the knowledge
of the Court the erring police officer and the Magistrate
who violate the same, will be taken to task.
4. With such observation, the writ petition is
disposed of.
(Sanjaya Kumar Mishra, J.)
(Grant certified copy as per rules)
PV
