Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8007 of 2021 Petitioner :- Rakesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Gupta,Rajendra Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
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 for quashing the FIR dated 03.09.2021 registered as Case Crime No. 0053 of 2021, under Sections 420, 406 IPC, P.S. - Hazrt Nagar Garhi, District-Sambhal against the petitioner only.
ii. Issue a writ, order or direction in he nature of mandamus commanding the respondent authorities no.2 and 3 not to arrest the petitioner in pursuant to the FIR dated 03.09.2021 registered as Case Crime No. 0053 of 2021, under Sections 420, 406 IPC, P.S. - Hazrt Nagar Garhi, District- Sambhal.
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 :- 28.10.2021 Ashish Pd.