Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8528 of 2021 Petitioner :- Radhey Thakur Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lavkush Kumar Bhatt Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
The instant petition has been filed with the prayer to quash the impugned FIR dated 30.08.2021 lodged by the respondent no.3 against the petitioner besides two other co-accused persons in Case Crime no.0331/2021 for the offence punishable under Section 66 of Information Technology (Amendment) Act 2008, P.S. Mohammadabad, District Farrukhabad. 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 petitioners have been wrongly implicated and could not be arrested. Learned counsel for the petitioners has placed reliance on the judgement of Hon'ble Apex Court in Shreya Singhal vs. Union of India, Writ Petition (Criminal) no.167/2012 alongwith other connected matters, dated 24.03.2021 and 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 dictum of Shreya Singha (supra) and Vimal Kumar (supra).
Order Date :- 29.10.2021 A. Pandey