Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12240 of 2021 Petitioner :- Aakash Narayan And 3 Others Respondent :- Neelam Singh And 7 Others Counsel for Petitioner :- In Person Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri Aakash Narayan, petitioner no. 1 in person.
Present petition has been filed for quashing the charge sheet no.
12 of 2019 for FIR 38 of 2018 Mahila Thane Mahanagar Varanasi with domestic Violence case no. 1191 of 2018 under ACJM 6 at Civil Court Varanasi.
From perusal of the prayer itself it is clear that a charge-sheet no. 12 of 2019 in respect of First Information Report registered as Case Crime No. 38 of 2018 has already been filed. It is also on record that a Criminal Misc. Writ Petition No. 7095 of 2021 (Aakash Narayan And 6 Others vs. State of U.P. And 12 Others) was filed challenging the aforesaid first information report, which was disposed of vide order dated 09.09.2021, the said order is quoted as under:-
"The instant petition has been filed by the petitioners with the following prayer:-
"issue a writ, order or direction in the nature of writ of certiorari to quash the first information report dated 01.11.2018 registered as Case Crime No. 038 of 2018, under sections 498A, 323, 504, 506, I.P.C. and 3/4 the Dowry Prohibition Act, 1961 at Police Station Mahila Thana, Mahanagar, Varanasi under S.H.O Prabha Singh and Domestic Violence case Crime No. 1191/2019 at Civil Court, Varanasi."
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 judgment of the Apex Court in different cases, relating to offences providing punishment of seven years or 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."
From perusal of list of fresh cases it also transpires that an Application Under Section 482 Cr.P.C. No. 462 of 2020 (Aakash Narayan and 3 Others vs. State of U.P. and Another) is also pending before this Court.
In such view of the matter, we find that present petition is not maintainable and is patently misconceived and the same is accordingly dismissed.
Order Date :- 17.12.2021 Aditya