Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7808 of 2021 Petitioner :- Jai Pal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Shri Raj Kumar Singh, learned counsel for the petitioner and Shri Rupak Chaube, learned A.G.A. for the State - respondents.
The instant petition has been filed by the petitioners with the following prayers :-
"(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 12.08.2021, registered as Case Crime No. 0529 of 2021, Under Section 395, 504, 506 I.P.C., Police Station - Kotwali, District - Fatehpur.
(ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in pursuance of the impugned F.I.R. dated 12.08.2021, registered as Case Crime No. 0529 of 2021, Under Section 395, 504, 506 I.P.C., Police Station - Kotwali, District - Fatehpur."
Learned AGA stats, on instructions, that during investigation, section 395 IPC has been deleted from the aforesaid FIR for the reason that commission of offence under section 395 IPC has not been found. He further states that now, the investigation is going on with respect to the commission of offences under sections 147, 504 & 506 IPC.
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 the said judgement, a coordinate Bench has framed various guidelines to be followed during investigation of offcence under Section 498- A IPC. These guidelines have been framed following the judgement of the Apex Court in different cases.
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 :- 20.9.2021 Amit Mishra