Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9724 of 2021 Petitioner :- Bijendra And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Prakash Dubey Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
The instant petition has been filed by the petitioners with the following main prayers :-
"1) Issue a writ order or direction in the nature of certiorari quashing the impugned first information report dated 19.8.2021 registered as Case Crime No. 312/2021 under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Bhawanpur, District Meerut.
2. Issue a writ order or direction in the nature of mandamus directing and commanding the Station Officer Police Station Bhawanpur District Meerut to not arrest the petitioners in pursuance of the aforesaid first information report dated 19.8.2021 registered as Case Crime No. 312/2021 under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Bhawanpur, District Meerut."
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.10.2021 Jaswant