Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5801 of 2021
Petitioner :- Jitu And 4 Others
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar,Mohit Singh Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents.
The instant petition has been filed by the petitioners with the following prayers :-
"(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned FIR dated 03.07.2021 registered as Case Crime (FIR) No. 0271 of 2021, under Sections 498-A, 323 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Bhojpur, District Moradabad.
(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to arrest the petitioners pursuant to the impugned FIR dated 03.07.2021 registered as Case Crime (FIR) No. 0271 of 2021, under Sections 498-A, 323 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Bhojpur, District Moradabad.
To issue a appropriate writ, order or direction in the nature of mandamus referring the matter to the Mediation Centre for amicably settlement of the dispute between the parties as the nature of dispute is matrimonial.
To issue any other writ order or direction which this Hon'ble Court may deem fir and proper in the circumstances of the case.
To award cost of the writ petition to the petitioners."
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 Apex Court in different cases, relating to offenses 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 :- 30.7.2021 Rahul.