Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5719 of 2021 Petitioner :- Avadhesh Verma And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deo Prakash Singh,Saroj Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioners and learned AGA for the State - respondents.
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 F.I.R. dated 28.06.2021 registered as Case Crime No. 268 of 2021 under section 147, 323, 504, 506 IPC and 3(1)(D) and (R) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (Amendment 2015) at Police Station Pataherwa, District Kushi Nagar (Annexure No. 2 to this writ petition).
(ii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in pursuance of F.I.R. dated 28.06.2021 registered as Case Crime No. 268 of 2021 under section 147, 323, 504, 506 IPC and 3(1)(D) and (R) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (Amendment 2015) at Police Station Pataherwa, District Kushi Nagar."
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 offence under Section 498A 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 :- 29.7.2021/Amit Mishra