Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 5676 of 2021 Petitioner :- Vineet Kumar Singh Respondent :- State Of U.P. Through Secretary Home U.P. At Lucknow Counsel for Petitioner :- Pankaj Dwivedi
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard learned counsel for the petitioner and learned AGA for the State.
The present writ petition has been filed by the petitioner, praying for quashing of the First Information Report, registered as Case Crime No. 320 of 2021 under Section 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, PS Tajganj, District Agra, with a further prayer to stay their arrest during pendency of investigation of the said case.
It is submitted that Smt. Kanta Devi and four other co- accused had preferred Criminal Misc. Writ Petition No. 4479 of 2021 challenging the same FIR. The writ petition was disposed of by a coordinate bench by order dated 23.6.2021. While the court refused to quash the FIR, it made observation that since the alleged offences are punishable with imprisonment of seven years or less and therefore the petitioners therein shall not be arrested without following the procedure prescribed under Sections 41 and 41-A CrPC. Counsel for the petitioner submitted that similar order be passed in the instant matter to which learned AGA has no objection.
Accordingly, while declining to quash the FIR, the writ petition is disposed of by providing that the investigating agency shall follow the procedure prescribed under Sections 41 and 41-A CrPC, in case it decides to effect arrest of the accused petitioner.
(Mohd. Aslam, J.) (Manoj Kumar Gupta, J.) Order Date :- 13.8.2021 Jaideep/-
Digitally signed by Manoj Kumar Gupta Date: 2021.08.13 15:10:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by MOHAMMAD ASLAM Date: 2021.08.13 15:13:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad