Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 10009 of 2021 Petitioner :- Tilak Singh And Others Respondent :- State of U.P. and Others Counsel for Petitioner :- Mool Chandra Maurya Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and learned AGA.
Present writ petition has been preferred for quashing the FIR dated 8.8.2021 being Case Crime No.0184 of 2021 under Section 147, 452, 323, 504, 506, 354B IPC, P.S. Piluwa, Distt.
Etah and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.
Learned counsel for the petitioners submits that the present matter relates to civil dispute. The petitioner no.6 has also approached to the Court of Civil Judge (JD), Etah by filing Original Suit No.77 of 2021 for injunction. The respondent no.4 has also filed a sale deed cancellation suit no.95 of 2021 but eventually the same has been withdrawn. The petitioner has also moved an application under Section 156 (3) CrPC before the Court of Addl. Civil Judge (SD), Court No.25, Etah and the same was treated as complaint. For the statement under Section 202 CrPC, the date is also fixed by the court concerned. It is alleged that as a counter-blast to the aforesaid proceeding, present FIR has been lodged. In support of his submissions, learned counsel for the petitioners has placed reliance on the judgments of Hon'ble Apex Court in Mitesh Kumar J Sha v. The State of Karnataka, Criminal Appeal No.1285 of 2021, dated 26.10.2021 and Ramawatar v. State of Madhya Pradesh, Criminal Appeal No.1393 of 2011, dated 25.10.2021.
It is also submitted 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 :- 28.10.2021 SP/ Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.10.29 11:28:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SUBHASH VIDYARTHI Date: 2021.10.29 11:30:19 IST Reason: Document Owner Location: High Court of Judicature at Allahabad