Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5780 of 2021
Petitioner :- Bijendra Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioners and learned A.G.A. 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 quashing the impugned FIR dated 07.07.2021 registered as Case Crime No. 272 of 2021, under Sections 147, 148, 323, 289 I.P.C., Police Station Badalpur, District Gautam Budh Nagar.
(ii) Issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in pursuance of the impugned FIR dated 07.07.2021 registered as Case Crime No. 272 of 2021, under Sections 147, 148, 323, 289 I.P.C., Police Station Badalpur, District Gautam Budh 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 which guidelines have been framed following the judgment 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 :- 30.7.2021 T.S.