Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5699 of 2021 Petitioner :- Vali Sher Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yogesh Kumar Mishra 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 impugned First Information Report dated .26.6.2021 in Case Crime No. 0236 of 2021, under Section 447, 448 420 IPC and Section 3 , 5 Sarvajanik Sampatti Nuksan Nivaran Adhiniyam 1984 Police Station Shahganj, District Agra.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 and 3 not to arrest of the petitioner in pursuance of the impugned first information report dated 26.6.2021 in Case Crime No. 0236 of 2021, under Section 447, 448 420 IPC and Section 3 , 5 Sarvajanik Sampatti Nuksan Nivaran Adhiniyam 1984 Police Station Shahganj, District Agra."
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 the said judgement, a coordinate Bench has framed various guidelines to be followed during investigation of offence under Section 498A IPC. These guidelines have been framed following the judgement of the Apex Court in different cases.
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 :- 28.7.2021 Rahul Dwivedi/-