Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12763 of 2021 Petitioner :- Prabhu Nath Kumar Respondent :- State Of U.P Through Secretary Home And 4 Others Counsel for Petitioner :- Anand Prakash Yadav,Krishna Nand Yadav Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner; Sri Ashok Kumar Tiwari, learned counsel for the complainant and the learned AGA.
The instant petition has been filed by the petitioner with the following prayers :-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 9.12.2021 registered as Case Crime No. 0018 of 2021, under Section 419, 420 IPC, Police Station- Sohagibarwa, District- Maharajganj.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest or harass the petitioner in pursuance of impugned First Information Report."
The submission is that all alleged offence is 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 Vimal Kumar(supra).
Order Date :- 24.12.2021 A.K.Srivastava Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.12.24 16:20:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SUBHASH VIDYARTHI Date: 2021.12.24 16:20:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad