SL.

No.

Date

Office Notes,

reports,

orders or

proceedings

or directions

and

Registrar’s

order with

Signatures

COURT’S OR JUDGE’S ORDERS

WPCRL No. 86 of 2023

Hon’ble S.K. Mishra, J.

Mr. Siddhartha Sah, learned counsel for the

petitioner.

Mrs. Manisha Rana Singh, learned A.G.A.

for the State.

By filing this writ petition, the petitioner has

prayed for the following reliefs:

1. “Issue a writ, order or direction in the

nature of certiorari to quash the FIR No.

4/2023, Police Station, Kichha, District

U.S Nagar under Sections 323, 384, 504

& 506 of IPC.

2. Issue a writ, order or direction in the

nature of mandamus commanding the

respondent nos. 1 & 2 not to arrest the

petitioner in FIR No. 4/2023, Police

Station Kichha, District U.S. Nagar under

Sections 323, 384, 504 & 506 IPC”

The contents of the FIR reveal a prima-facie

case under Sections 323, 504 and 506 of IPC.

However, the offence under Section 384 of the

IPC is not made out. The offence under Section

385 of IPC is made out.

In that view of the matter, though, this Court

is not inclined to quash the FIR, gives direction to

the Investigating Officer to act accordingly by

deleting the offence under Section 384 of IPC and

substituting the offence under Section 385 of IPC

in the scope of investigation.

Learned counsel for the petitioner would

further submit that since none of the offences

allegedly punishable in terms of imprisonment

exceeding 7 years, the appropriate direction be

given to follow the provisions of Section 341A of

the Code.

Learned State counsel would submit that

once there is an order passed by the Hon’ble

Supreme Court in Arnesh Kumar’s case, which

has been subsequently followed in the case of

Satendra Kumar Antil vs. CBI and Another

reported in 2022 SCC Online 825, there is no

need to pass repeated directions in each case.

We hope and trust that the submission made

by the learned A.G.A. is followed by the police.

Any violation of the order passed by the Hon’ble

Supreme Court in Arnesh Kumar’s case shall be

viewed very seriously by this Court.

There is no need to pass any further order.

WPCRL is disposed of.

(S.K. Mishra, J.)

12.01.2023

(Grant urgent certified copy as per Rules)

Pooja