Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7550 of 2021 Petitioner :- Tahir And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bal Krishna Pandey 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 :-
"(a). Issue a writ, order or direction in the nature of writ of certiorari for quashing the impugned First Information Report dated 28.6.2021 lodged in Case Crime No. 513 of 2021, Under Sections 498A, 323 I.P.C. and Section 3/4 Dowry Prohibition Act, and Section 3/4 Muslim Women (Protection) of Rights on Marriage Act,2019, Police Station Jahangirabad, District Buland Shahar.
(b) Issue a writ, order or direction in the nature of writ of Mandamus directing the respondents concerned not to arrest to the petitioners pursuant to the impugned first information report dated 28.6.2021 lodged in Case Crime No. 513 of 2021, Under Sections 498A, 323 I.P.C. and Section 3/4 Dowry Prohibition Act, and Section 3/4 Muslim Women (Protection) of Rights on Marriage Act,2019, Police Station Jahangirabad, District Buland Shahar."
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 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 :- 23.9.2021 NLY