Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6287 of 2021
Petitioner :- Smt. Pravesh Kumari And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ranjit Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Sri Ranjit Kumar Yadav, learned counsel for the petitioners, Sri B.R.J. Pandey, learned counsel for the respondent no.3 and learned A.G.A. for the State-respondents.
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 14.06.2021 in Case Crime No. 0060 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Mahila Thana, District Firozabad.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in pursuance of the impugned FIR dated 14.06.2021 in Case Crime No. 0060 of 2021, under Sections 498-A, 323, 504, 506 I.P.C.
and Section 3/4 D.P. Act, Police Station Mahila Thana, District Firozabad".
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 judgment of Apex Court in different cases, relating to offenses 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 :- 13.8.2021 T.S.