Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 5672 of 2021 Petitioner :- Gaurav Tyagi Respondent :- State of U.P.
Counsel for Petitioner :- Gaurav Pundir Counsel for Respondent :- Shri Krishna Mishra
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard Shri Gaurav Pundir, learned counsel for the petitioners, learned A.G.A. for the State and Shri Ajay Mishra holding brief of Shri Shri Krishna Mishra on behalf of the respondents. With their consent, the instant petition is disposed of finally at this stage itself.
The present writ petition has been filed by the petitioners praying for quashing of the First Information Report dated 18.06.2021, registered as Case Crime No.0369 of 2021, under Sections 420, 354(ग), 506 IPC, Police Station-Sikandra, District-Agra with a further prayer to stay their arrest during pendency of investigation of the said case.
The main allegation in the First Information Report is that petitioner no.1 and other members of his family have prepared forged documents like marriage certificate etc. to malign Vanshika Tyagi, daughter of the first informant. The F.I.R. also contained allegations constituting offence under Section 354(ग) I.P.C.
After hearing counsel for the parties at some length, we do not find it a fit case where any interference is required from this Court as the F.I.R. clearly discloses commission of cognizable offence.
Learned counsel for the petitioners, however, submitted that, in any case, since all offences are punishable with imprisonment for a period of seven years or less than seven years, therefore, the procedure prescribed under Sections 41 and 41A Cr.P.C. is required to be followed but the police is trying to arrest the petitioners without following the said procedure.
Learned A.G.A. as well as Shri Ajay Mishra, learned counsel for the private respondents do not dispute that the procedure prescribed under Sections 41 and 41-A Cr.P.C. is required to be followed.
Consequently, while declining to quash the F.I.R., we dispose
of the writ petition by providing that the Investigating Agency shall follow the procedure prescribed under Sections 41 and 41A Cr.P.C.
Order Date :- 12.8.2021 Jyotsana (Mohd Aslam, J.) (Manoj Kumar Gupta, J.) Digitally signed by MOHAMMAD ASLAM Date: 2021.08.13 14:53:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Manoj Kumar Gupta Date: 2021.08.13 14:57:08 IST Reason: Document Owner Location: High Court of Judicature at Allahabad