VISHWANATH TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Miss. Afshan Shafaut holding brief of Ms. Archna Hans, learned counsel appearing on behalf the petitioner and the learned AGA for the State? respondent.

(2.) THIS writ petition seeks a direction from this court to respondent no. 2 and 3 who are Superintendent of Police, Siddharth Nagar and Station House Officer, Mohana in the same district, to arrest the accused persons of case crime no. 147 of 2011 registered by the above named police station. The reason for seeking the direction is that the accused persons named in the FIR had filed criminal misc. writ petitions before this Court seeking quashing of the FIR with a further direction to the police not to arrest them. But those writ petition were dismissed. We find force in that contention as the listing section of the Court through National Informatics Centre of the High Court has given some details in the list of fresh cases. However, there are several decisions, a couple to that from the Apex Court that the police are not ordinarily to arrest the accused. Considering the directions in D.K.Basu vs. State of West Bengal (1997) 1 SCC 216, an amendment in the Code of Criminal Procedure was also incorporated as per sections 41A and 41-B. In that view of the matter, it could be simply futile for this court to issue any direction to affect the arrest of the accused persons as that direction shall run contrary to the present provisions of Cr.P.C. and some of the decisions of the Apex Court. Moreover, issuing any direction to take any step in investigation would nonetheless tantamount to an interference in the investigation by the police. Besides, that direction should be in the absence of giving any opportunity to the accused of being heard, which appears more prominent a reason for us not to issue that direction because it will adversely affect the personal liberty of a person. We as such refuse that prayer.