Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 8249 of 2021 Petitioner :- Julfkar And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Asheesh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.
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 17.07.2021 in Case Crime No. 205 of 2021, under Sections 498A, 323, 504, 506 I.P.C. & 3/4 D.P. Act 1961 and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act - 2019, Police Station - Mahila Thana, District- Muzaffar Nagar.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in pursuance to the impugned FIR dated 17.07.2021 in Case Crime No. 205 of 2021, under Sections 498A, 323, 504, 506 I.P.C. & 3/4 D.P. Act 1961 and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act - 2019, Police Station - Mahila Thana, District- Muzaffar Nagar.
(iii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to take any coercive action against the petitioners with regard to their arrest in pursuance to the impugned FIR dated 17.07.2021 in Case Crime No. 205 of 2021, under Sections 498A, 323, 504, 506 I.P.C. & 3/4 D.P. Act 1961 and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act - 2019, Police Station - Mahila Thana, District-
Muzaffar Nagar and not harass to the petitioners in any manner"
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 :- 28.9.2021/vkg