Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 8245 of 2021 Petitioner :- Baduzzama @ Mohd Baduzzama @ Babu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kavindra Singh Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.
The instant petition has been filed by the petitioners with the following prayers :-
"A. Issue a writ order or direction in the nature of certiorari, quashing the Impugned First Information Report dated 4.7.2021 (Annexure -1 to the writ petition) lodged by the respondent no.
4 registered as Case Crime No. 114 of 2021 under section 419, 420, 406, 504, 506 I.P.C. registered at Police Station Bilriyaganj, District Azamgarh.
B. Issue a writ, order or direction in the nature of mandamus, directing the respondent no. 2 & 3 not to take any co-ercive action against the Petitioners to arrest him in pursuance to the Impugned First Information Report dated 4.7.2021 (Annexure -1 to the writ petition) lodged by the respondent no. 4 registered as Case Crime No. 114 of 202l under section 419, 420, 406, 504, 506 I.P.C. registered at Police Station Bilriyaganj District Azamgarh."
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 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 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 :- 28.9.2021 NLY