Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7774 of 2021 Petitioner :- Ramanand Mishra And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh Counsel for Respondent :- G.A.,Vinay Kumar Mishra
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Sri Indra Raj Singh, learned counsel for the petitioners; learned AGA for State-respondents and Sri S.F.A. Naqvi, Senior Advocate, assisted by Sri Vinay Kumar Mishra, learned counsel for the informant-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 quashing the impugned First Information Report dated 26.3.2021 as Case Crime No. 0160 of 2021, under Sections 420, 406, 504, 506 IPC, Police Station Cantt. District Gorakhpur (Annexure No. 7 to the writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus restraining the opposite parties from arresting the petitioners in pursuance of impugned First Information Report dated 26.3.2021 as Case Crime No. 0160 of 2021, under Sections 420, 406, 504, 506 IPC, Police Station Cantt. District Gorakhpur during the pendency of the writ petition.
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 of 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 :- 20.9.2021 Rahul Dwivedi/-