Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12472 of 2021 Petitioner :- Shyam Prakash Dubey And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Mishra Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 26.10.2021 registered as Case Crime No. 519 of 2021, under Sections 147, 354, 323, 504, 506 IPC, 7/8 POCSO Act, 3(1)(da), 3(1)(dha), 3(1)(W), 3(2)(VA), P.S. Ajeetmal, District- Auraiya, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
It is submitted that an N.C.R. was got registered by the petitioner's side on 25.10.2021, copy whereof is annexed at annexure 2 to the writ petition and in counter blast the present impugned F.I.R. has been registered.
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. Reliance has been placed on the judgement of Apex Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 and Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and others in Writ Petition (Civil) No. 73 of 2015 with Criminal Appeal No. 1265 of 2017 Writ Petition (Criminal) No. 156 of 2017 and co-ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147.
We have gone through the impugned first information report and we are of the opinion that the guidelines framed by the Apex Court in the above noted judgements are equally applicable to the facts of the instant case.
Accordingly, the instant petition also stands disposed of in the light of the judgments as noted above.
Order Date :- 22.12.2021 Ujjawal