Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12670 of 2021 Petitioner :- Jay Prakash Maddhesia Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jai Prakash Gupta Counsel for Respondent :- G.A
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and Sri Mohd. Shoeb Khan, learned AGA.
The instant petition has been filed by the petitioner with the following prayers :-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 27.11.2021 registered as Case Crime No. 0250 of 2021, under Sections 420, 447 IPC and 3/4 Prevention of Damage to Public Properties Act 1984, Police Station- Salempur, District- Deoria.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest or harass the petitioner in pursuance of impugned First Information Report."
The submission is that all alleged offence is 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 petitioner has been wrongly implicated and could not be arrested. Learned counsel for the petitioner 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.
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 Vimal Kumar(supra).
Order Date :- 23.12.2021 A.K.Srivastava