Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12605 of 2021 Petitioner :- Akhilesh @ Tinku And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ram Bali Ram Counsel for Respondent :- G.A
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners; Sri Surendra Yadav, learned counsel for the complainant and Sri G.P.Singh, learned AGA.
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 21.11.2021 registered as Case Crime No. 0101 of 2021, under Sections 354, 323, 506, 504 IPC & 7/8 POCSO Act, Police Station- Suhwal, District- Ghazipur.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest or harass the petitioners in pursuance of impugned First Information Report."
The submission is that all alleged offence is 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 have 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 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 Vimal Kumar(supra).
Order Date :- 23.12.2021 A.K.Srivastava