Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12173 of 2021 Petitioner :- Chandresh Kumar And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Vipin Chandra Pal,Dewarshi Kumar Rai Counsel for Respondent :- G.A.,Vijay Shanker
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed with the prayer to quash the First Information Report (FIR) dated 22.09.2021 in Case Crime no.442/2021 under Section 323, 504, 338 IPC and Section 3(1) (dha) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, P.S. Rohaniya, District Varanasi. Further prayer has been made not to arrest the petitioners in the aforesaid case.
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 :- 16.12.2021 A. Pandey