Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12561 of 2021 Petitioner :- Bablu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Chandra Kumar Rai,J.
Heard Sri Dinesh Kumar Singh, learned counsel for the petitioners and learned A.G.A. for the State.
At the very outset learned counsel for the petitioners submitted that there is some defect in impleading the petitioner No.2 in the array of the parties, therefor,e he may be permitted to delete the name of the petitioner No.2- Rinku son of Sri Lekhraj.
Learned A.G.A. has no objection.
Accordingly, the learned counsel for the petitioner is permitted to delete the name of petitioner No.2 Rinku son of Sri Lekhraj during the course of the day.
The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 24.11.2021 registered as Case Crime No. 0279 of 2021, under Sections 7, 8 of POCSO Act, 354 (Kha), 504 and 506 IPC, Police Station- Shergarh, District-Mathura and not to arrest the petitioners in pursuance of impugned First Information Report.
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 petitioner has been wrongly implicated and could not be arrested. Reliance has been placed on the judgement of Apex Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 and Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and others in Writ Petition (Civil) No. 73 of 2015 with Criminal Appeal No. 1265 of 2017 Writ Petition (Criminal) No. 156 of 2017 and co-ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147.
We have gone through the impugned first information report and we are of the opinion that the guidelines framed by the Apex Court in the above noted judgements are equally applicable to the facts of the instant case.
Accordingly, the instant petition also stands disposed of in the light of the judgments as noted above.
Order Date :- 23.12.2021 Pr/-