LAWS(ALL)-2022-3-115

JUBER Vs. STATE OF UTTAR PRADESH

Decided On March 16, 2022
Juber Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard Shri Anil Kumar Dubey, learned counsel for the petitioner and learned AGA for the State.

(2.) The instant writ petition seeks quashing of the first information report dtd. 8/12/2021 giving rise to Case Crime No.751 of 2021, under Ss. 380, 411 I.P.C., Police Station Gulawathi, District Bulandshahr.

(3.) Although, the prayer in the writ petition is for quashing the impugned first information report, the only submission made by learned counsel for the petitioner is that he cannot be arrested, since, it is settled law that in a case where the sentence is less than 7 years. The police has to issue a notice under Sec. 41A Cr.P.C. before arresting the petitioner.