Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6278 of 2021 Petitioner :- Ali Zafar And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar,Urmila Shukla Counsel for Respondent :- G.A
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Shri Akhilesh Kumar, learned counsel for the petitioners, Shri Rupak Chaube, learned A.G.A. for the State - respondents and Mohd. Monish, learned counsel for the informant - respondent no. 4.
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 to quash the impugned First Information Report dated 14.07.2021, arising out of Case Crime No. 0116 of 2021 under Section 498-A, 323, IPC & 3/4 D.P. Act &Section 4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, Police Station Sultanpur Ghosh, District Fatehpur (as contained Annexure No. 1 to this writ petition).
II. Issue a writ, order or direction in the nature of mandamus to direct the respondent no.2 not to arrest the petitioners in Case Crime No. 0116 of 2021 under Section 498-A, 323, IPC & 3/4 D.P. Act &Section 4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, Police Station Sultanpur Ghosh, District Fatehpur, during the pendency of the present writ petition."
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 the said judgement, a coordinate Bench has framed various guidelines to be followed during investigation of offcence under Section 498- A IPC. These guidelines have been framed following the judgement of the Apex Court in different cases.
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 :- 19.8.2021 Amit Mishra