THE HON’BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.10606 of 2025

ORDER

Heard learned counsel for the petitioners, learned Government Pleader for Home appearing for respondent Nos.1 to 4, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature of lis involved, this Court is of the view that notice to unofficial respondent No.5 is not necessary for adjudication of the present Writ Petition.

3. Shorn of unnecessary details, the case of the petitioners, in brief, is that though the respondents-authorities have registered a case, vide Crime No.31 of 2023 dt.25.02.2023 for the offence under Section 324 read with 34 IPC, which is punishable with less than seven years imprisonment, the respondents-authorities are not following the procedure prescribed under Section 41-A Cr.P.C. and are trying to arrest the petitioners in relation to the aforesaid crime, which action of the respondents-authorities it is contended as highly illegal and arbitrary.

4. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 4 would submit that though initially a crime was registered under Section 324 read with 34 IPC, the aforesaid provision under which the petitioners herein were charged with has been altered subsequently to Section 326 of IPC based on MLC dt.28.02.2023.

5. Learned Government Pleader further submits that since the provision of IPC under which the petitioners are charged has been altered to 326 IPC, which is punishable with imprisonment for life or imprisonment up to 10 years, and as such, the petitioners are not entitled to be issued with notice under Section 41-A Cr.P.C.

6. Learned Government Pleader would further submit that the authorities are conducting investigation into the aforesaid crime in accordance with law.

7. I have taken note of the respective contentions urged.

8. Though the petitioners had claimed of being accused in Crime No.31 of 2023 dt.25.02.2023 registered for the offence under Section 324 read with 34 IPC, having regard to the fact that the provision under which petitioner has been charged with having been altered to Section 326 IPC, the petitioners are not entitled to be issued with notice under Section 41-A Cr.P.C., as being claimed by them. Since, the petitioners are now charged with offence punishable under Section 326 read with 34 IPC, this Court is of the view that the respondents are to be directed to investigate into the aforesaid crime and take action in accordance with law.

9. Subject to above direction, the Writ Petition is disposed of. No order as to costs.

10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ T. VINOD KUMAR, J Date:09.04.2025

GJ

THE HON’BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.10606 of 2025

09.04.2025 GJ