Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12622 of 2021 Petitioner :- Rinku Jaiswal And Another Respondent :- State Of U.P. Through Secretary Home And 3 Others Counsel for Petitioner :- Sharda Prasad Mishra 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 :-
"Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 04.12.2021 in Case Crime No.1683 of 2021, under Sections 452, 504, 323 and 506 IPC, P.S. Kotwali City, District Bulandshahar. Further prayer has been made not to arrest the petitioner in pursuance of the impugned F.I.R."
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 :- 23.12.2021 pks Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.12.24 17:42:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SUBHASH VIDYARTHI Date: 2021.12.24 17:42:51 IST Reason: Document Owner Location: High Court of Judicature at Allahabad