Abad Ali And Another ... vs State Of Uttarakhand And Others
2023 Latest Caselaw 2138 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.1090 of 2023
Abad Ali and Another                                      ....Petitioners

                                 Versus

State of Uttarakhand and Others                       ....Respondents

Present:-
             Mr. Gaurav Singh, Advocate for the petitioners.
             Mr. Lalit Miglani, A.G.A. with Ms. Sangeeta Bhardwaj, Brief
             Holder for the State.


                               JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of this petition, the petitioners seek

the following reliefs:-

"(i) Issue a writ, order or direction in the

nature of mandamus directing the

respondent No.1 & 2 to comply the

provisions contained under Section 41-A

of Cr.P.C. before affecting the arrest of

the petitioners in pursuance to the First

Information Report lodged by respondent

No.3 on 29.06.2023 (contained as

annexure no.1 to the writ petition) which

was registered as FIR No.0276 of 2023 for

the offence punishable Under Section 420

of IPC. Police Station Bahadrabad,

District Haridwar.

(ii) Issue any other appropriate order or

direction as the Hon'ble Court thinks fit

and proper.

(iii) Award the cost to the petitioners."

2. Heard learned counsel for the parties and

perused the record.

3. The petitioners are named in FIR No.0276 of

2023, under section 420 IPC, Police Station Bahadrabad,

District Haridwar. According to the FIR, they forged

marksheets so that the petitioner no.2, Rijwana, and Smt.

Shahin Naaz may contest the election of Village Pradhan.

4. Learned counsel for the petitioners would

submit that petitioners apprehend that they may be arrested

in routine and mechanical manner. Therefore, instructions

may be issued.

5. What in essence is sought is that the police

officers may be reminded of their statutory obligations.

Perhaps, for such cause, a writ petition may not be

entertained. It is expected of that a police officer knows his

duties as to what is arrest? What is power of arrest and what

is need for arrest? This Court may not remind the statutory

provisions and the principles of law, as laid down by the

Hon'ble Supreme Court on this aspect. Therefore, this Court

is of the view that there is no reason to make any

interference. Accordingly, the petition deserves to be

dismissed at the stage of admission itself.

6. The petition is dismissed in limine.

(Ravindra Maithani, J.) 08.08.2023 Ravi Bisht