Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7718 of 2021 Petitioner :- Himashu Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dharmendra Singh,Ankit Singh Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Supplementary affidavit filed today is taken on record.
The instant petition has been filed by the petitioners with the following prayers :-
"i) Issue a writ order or direction n the nature of certiorari quashing the impugned first information report dated 26.6.2021 registered as Case Crime No. 473/2021, under sections 384, 385, 506 of the Indian Penal Code, P.S. Akbarpur, District Ramabai Nagar, (annexure -1).
ii) Issue a writ order or direction n the nature of mandamus directing the respondent no.2 not to adopt any coercive measure in pursuance of the first information report dated 26.6.2021 registered as Case Crime No. 473/2021, under sections 384, 385, 506 of the Indian Penal Code, P.S. Akbarpur, District Ramabai Nagar (Annexure01) till submission of Report U/s 173 (2) of Cr.P.C. till pendency of instant case or till submission of Final investigation report which may earlier."
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 judgment 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 :- 23.9.2021 samz