Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6113 of 2021 Petitioner :- Subedar Yadav And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Karan Yadav Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
The instant petition has been filed by the petitioners with the following prayers :-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 18.6.2021 bearing Case Crime No. 68 of 2021 under Section 147, 149, 283, 341, 336, 332, 353, 323, 504, 506, 427 IPC and 7 Criminal Law Amendment Act, 1932 along with Section 3/4 Prevention of Damage to Public Property Act, 1984, Police Station Kamasin, District Banda.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest of the petitioners in pursuance to the F.I.R. dated 18.6.2021 bearing Case Crime No. 68 of 2021 under Section 147, 149, 283, 341, 336, 332, 353, 323, 504, 506, 427 IPC and 7 Criminal Law Amendment Act, 1932 along with Section 3/4 Prevention of Damage to Public Property Act, 1984, Police Station Kamasin, District Banda without any credible evidence against the petitioners."
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 of 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 :- 12.8.2021 Rahul Dwivedi/-