Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 8255 of 2021 Petitioner :- Murari Lal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajai Krishna Srivastava Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State - respondents. Sri Vinod Singh, Advocate, has put in appearance today on behalf of first informant.
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 Case Crime No. 0442 of 2021, under Sections 498-A, 323 I.P.C. and 3/4 Dowry Prohibition Act, Police Station - Khurja Dehat,, District - Bulandshahar.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent Nos. 2 & 3 not to arrest the petitioners in pursuance of the Case Crime No. 0442 of 2021, under Sections 498-A, 323 I.P.C. and 3/4 Dowry Prohibition Act, Police Station -
Khurja Dehat,, District - Bulandshahar.."
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