Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12546 of 2021 Petitioner :- Shubham Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Piyush Kant Vishwakarma Counsel for Respondent :- G.A.,Hari Narayan Singh
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 17.11.2021 registered as Case Crime No.200 of 2021 under Sections 354D IPC and Sections 11, 12 of Protection of Child from Sexual Offence Act (POCSO Act) Police Station Fefina, District Ballia. Further prayer has been made not to arrest the petitioner in the aforesaid case.
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 petitioner has been wrongly implicated and could not be arrested. Learned counsel for the petitioner 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 RKP