Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12138 of 2021 Petitioner :- Mohan Chandola Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Pawan Kumar Shukla Counsel for Respondent :- G.A.,Jitendra Sarin,Raghavendra Sharan Tiwari
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner; learned A.G.A for the State respondents and Shri Jitendra Sarin, Advocate appearing for respondent no.4.
The relief sought in this petition is for quashing of the F.I.R. dated 10.1.2020 registered as Case Crime No.29 of 2020 under Sections 420, 406 IPC, Police Station Kavi Nagar, District Ghaziabad. Further prayer has been made not to arrest the petitioner in the aforesaid case.
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 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 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.
Needless to say that the investigating officer must conclude the investigation of the aforesaid case fairly, impartially and expeditiously as the first information report was lodged in the month of January, 2020.
Order Date :- 22.12.2021 RKP