Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12627 of 2021 Petitioner :- Dhruv Pratap Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shyam Murari Upadhyay,Sr. Advocate 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 :-
"Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 02.04.2021 in Case Crime No.0044 of 2021, under Sections 420, 406 and 506 IPC and P.S. Galashaheed, District Mradabad. Further prayer has been made not to arrest the petitioner in pursuance of the impugned F.I.R."
Put up as fresh on 12-01-2022 to enable the learned A.G.A. to seek instruction in the matter.
In the meantime, the petitioner shall be entitled to the benefit of Section 41-A of Cr.P.C as has been accorded by 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.
Order Date :- 23.12.2021 pks