RAM LALLAN Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned counsel for petitioners.

(2.) Petitioners have come to this Court in this writ petition with prayer for quashing of first information report dated 2.12.2011 in case crime no. 276 of 2011, under Sections 452, 323, 504, 506 I.P.C., Police Station Mandhata, District Pratapgarh.

(3.) From a bare perusal of first information report, it cannot be said that no offence is made out. Learned counsel for petitioners, at this stage, submitted that Police is unauthorizedly trying to arrest the petitioners and, therefore, their arrest should be stayed till the report is submitted by Police. He placed reliance on a Division Bench Judgment of this Court in Criminal Misc. Writ Petition No. 17410 of 2011 (Shaukin Vs. State of U.P. & others) decided on 14.12.2011. A perusal of aforesaid judgment clearly shows that considering the peculiar facts and circumstances involved in that matter, the Court expressed its displeasure at the casual and routine manner by which the concerned Judicial Magistrate allowed judicial remand of accused on mere application moved by the concerned police officer without examining pre-conditions for granting judicial remand laid down in Section 41 (1) (b) Cr.P.C. and the decision of this High Court and Apex Court.