Hon'ble Piyush Agrawal,J.
(Order on Civil Misc. Correction Application No. 4 of 2021) Heard Sri Manoj Kumar Srivastava, learned counsel for the applicant / petitioner and Sri Rishi Chadhdha, learned AGA for State-respondents in correction application.
In paragraph nos. 1 and 2 of the correction application, the applicant / petitioner has stated as under:-
"1. That by means of the present writ petition, the petitioner is seeking an indulgence of this Hon'ble Court and crave for issuing a writ, order or direction in the nature of Certiorari for quashing the First Information Report dated 11.6.2021 lodged by the respondent no. 4 under Section 452, 354 (A), 323, 506 IPC and 7/8 Protection of Children from Sexual Offences Act, 2012 registered as Crime No. 346 of 2021 at Police Station Gandhi Park, District Aligarh. After hearing the counsel for the petitioner, Hon'ble Court was pleased to dispose of the case and grant the benefit of the provisions of Section 41-A Cr. P.C. to the petitioner.
2. That it is humbly submitted here that due to typographical error the present order was transcribed by the steno. Such type of prayer has not been made before this Hon'ble Court. That it is most expedient in the interest of justice that this Hon'ble Court may kindly be pleased to correct the order dated 16.7.2021 by which Hon'ble Court was pleased to grant the benefit of provision of Section 41 A of Cr. P. C. otherwise the petitioner shall suffer irreparable loss and injury."
Learned AGA states that the writ petition was disposed of giving benefit of Section 41 A Cr P C to the petitioner but it appears that inadvertently some other order has been transcribed.
In view of aforesaid, the order dated 16.7.2021 is recalled and writ petition is restored to its original number.
(Order on writ petition) The instant petition has been filed by the petitioners with the following prayers :-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 11.6.2021 lodged by the respondent no. 4 under Section 452, 354(A), 323, 506 IPC 7/8 Protection of Children from Sexual Offences Act, 2012 registered as Crime No. 346 of 2021 at Police Station Gandhi Park, District Aligarh, (Annexure No. 1 )
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest of the petitioners in the impugned First Information Report dated 11.6.2021 lodged by the respondent no. 4 under Section 452, 354(A), 323, 506 IPC 7/8 Protection of Children from Sexual Offences Act, 2012 registered as Crime No. 346 of 2021 at Police Station Gandhi Park, District Aligarh,( Annexure No. 1) The submission is that all alleged offences are punishable with imprisonment of seven years, therefore the police authorities are bound to follow the procedure laid down under Section 41-A Cr.P.C. The petitioners have been wrongly implicated and could not be arrested. Learned counsel for the petitioners has placed reliance on the judgement of this Court dated 28.01.2021 in Criminal Misc. Writ Petition No.17732 of 2020 Vimal Kumar and 3 others vs. State of UP and 3 others, in which guidelines have been framed following the judgement of Apex Court in different cases, relating to offences providing punishment of seven years of less.
We have gone through the impugned first information report and we are of the opinion that the guidelines framed by this Court in the above noted judgement are equally applicable to the facts of the instant case.
Accordingly, the instant petition also stands disposed of in terms of judgement dated 28.01.2021 in Criminal Misc. Writ Petition No.17732 of 2020 Vimal Kumar and 3 others vs. State of UP and 3 others.
Order Date :- 28.7.2021 Rahul Dwivedi/-