Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12475 of 2021 Petitioner :- Jai Prakash Dubey And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dharnidhar Pandey,Kamal Kumar Singh Counsel for Respondent :- G.A.,Pankaj Kumar Asthana
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and learned AGA. Shri Pankaj Kumar Asthana appears for the complainant.
Present writ petition has been preferred for quashing the FIR dated 27.11.2021 being Case Crime No.131 of 2021 under Section 420, 506, 427 IPC P.S. Kotwali Shahar, Distt. Mirzapur and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.
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.
Learned AGA states that no doubt as per the first information report the benefit of Section 41A CrPC may be extended to the petitioner but at the same time he has also opposed the relief on the ground that no indulgence may be extended to the petitioner as he has criminal antecedents having two criminal cases and one of which is under Section 302 IPC.
Confronted with this, learned counsel for the petitioners states so far as Case Crime No.1021 of 2013 under Section 302 is concerned, the petitioner has already been acquitted by the Addl. Sessions Judge, Mirzapur on 20.11.2015. Till date the said judgment has not been assailed by the complainant or the State.
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 in Vimal Kumar and 3 others (Supra) 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 :- 22.12.2021 SP/