Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 10081 of 2021 Petitioner :- Jodh Singh And Another Respondent :- State Of U.P Through Its Secretary Home Up,Lucknow And 2 Other Counsel for Petitioner :- Pankaj Kumar Tyagi Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and learned AGA.
Present writ petition has been preferred for quashing the FIR dated 18.10.2021 being Case Crime No.273 of 2021 under Section 354kha, 452, 504, 506 IPC, P.S. Gagalhedi, Distt. Saharanpur 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.
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 :- 29.10.2021 SP/ Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.11.08 10:32:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SUBHASH VIDYARTHI Date: 2021.11.08 10:34:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad