Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7814 of 2021 Petitioner :- Vinod Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar 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. a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 1.9.2021 lodged at Case Crime No. 0096 of 2021, under Section 323, 354-B, 506 of Indian Penal Code read with Section 7/8 of Protection of Children from Sexual Offences Act, Police Station Rajpur, District Kanpur Dehat (Annexure No.1 to this writ petition)"
II.a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in pursuance of the the impugned first information report dated 1.9.2021 lodged at Case Crime No. 0096 of 2021, under Section 323, 354-B, 506 of Indian Penal Code read with Section 7/8 of Protection of Children from Sexual Offences Act, Police Station Rajpur, District Kanpur Dehat (Annexure No.1 to this writ petition)".
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 judgment 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 :- 20.9.2021 samz