Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 3820 of 2021 Petitioner :- Shivpal Singh And 61 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pratibha Singh,Ashok Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
The present writ petition has been filed by the petitioners, praying for quashing of the First Information Report, registered as Case Crime No.0151 of 2021, under Sections 171-H, 147, 148, 149, 188, 269, 270, 332, 353, 504, 506, 336 IPC and 3 of the Pandemic Act and 7 CLA Act, P.S. Saurikh, District Kannauj, with a further prayer to stay their arrest during pendency of investigation of the said case.
The sole submission of learned counsel for the petitioners is that all alleged offences are punishable with imprisonment for a term which is less than seven years, still the police is threatening to arrest the petitioners. It is urged that the petitioners are entitled to get benefit of Sections 41 and 41-A of the Criminal Procedure Code, 1973.
Learned A.G.A. does not dispute that the alleged offences are punishable with imprisonment for a term less than seven years.
Consequently, we dispose of the instant petition by providing that the police shall follow the procedure laid down under Sections 41 and 41-A of the Criminal Procedure Code, 1973 during course of the investigation of the crime.
(Gautam Chowdhary, J.) (Manoj Kumar Gupta, J.) Order Date :- 26.5.2021 SL Digitally signed by Manoj Kumar Gupta Date: 2021.05.26 13:07:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Gautam Chowdhary Date: 2021.05.26 13:09:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad