Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9859 of 2021 Petitioner :- Brijesh Yadav And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pavan Kumar Srivastava,Harendra Yadav 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 prayers :-
"(i) 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. 286 of 2021, under Sections 147, 323, 308, 504, 506 IPC, Police Station- Kasimabad, District- Ghazipur (Annexure No. 1 to the writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest or harass the petitioners in pursuance of impugned First Information Report."
The submission is that all alleged offence is 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 Vimal Kumar(supra).
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners 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 Authority/Official 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 A.K.Srivastava Digitally signed by SUBHASH VIDYARTHI Date: 2021.10.26 17:27:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.10.26 17:28:39 IST Reason: Document Owner Location: High Court of Judicature at Allahabad