Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12263 of 2021 Petitioner :- Bechana Devi And 4 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Pramod Kumar Maurya Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Chandra Kumar Rai,J.
Heard learned counsel for the petitioners as well as learned A.G.A. for the State respondents.
The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 6.10.2021 registered as Case Crime No. 0387 of 2021, under Sections 147, 353, 506, 332 IPC, PS Gola, District Gorakhpur, and for a direction to the respondents 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 petitioners have 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 judgement are equally applicable to the facts of the instant case.
Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above.
Order Date :- 23.12.2021 Abhishek