Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5727 of 2021 Petitioner :- Shiv Shankar Nishad And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suneel Kumar Mishra Counsel for Respondent :- G.A.,Suneel Kumar Yadav
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
The instant petition has been filed by the petitioners with the following prayers :-
"(A) Certiorari quashing the impugned first information report dated 05.06.2021 in Case Crime No.0093 of 2021, under Sections 323, 504, 506 of I.P.C. and 3(1) (r) and 3(1)(s) and 3(2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989, Police Station Vindhyachal, District Mirzapur.
(B) Mandamus commanding - directing - restraining the respondents their subordinates not to arrest, harass or to adopt any coercive measures against the Petitioners in pursuance of the impugned first information report dated 05.06.2021 in Case Crime No.0093 of 2021, under Sections 323, 504, 506 of I.P.C. and 3(1)(r) and 3(1)(s) and 3(2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989, Police Station Vindhyachal, District Mirzapur."
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 the said judgement, a coordinate Bench has framed various guidelines to be followed during investigation of offence under Section 498A IPC. These guidelines have been framed following the judgement of the Apex Court in different cases.
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 :- 29.7.2021/vkg