Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3003 of 2021 Petitioner :- Vipin Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bhaiya Lal Yadav,Raj Bihari Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
By way of this petition, the petitioner has challenged lodgement of the First Information Report dated 20th of February, 2021, Case Crime No. 0051 of 2021, under Sections 186, 353, 504, 506 IPC, Police Station Utraon, District - Prayagraj and according to the counsel for petitioner the police authorities are harassing him.
The First Information Report prima facie discloses offences under Sections 186, 353, 504, 506 IPC which are all punishable below seven years. Therefore, the concerned police will have to adhere to to the provisions of the 41 Cr.P.C. and judgment circulated by this Court. They cannot adhere coercive measures against the petitioner under the guise of the lodgement of the First Information Report.
With these observations, we do not enter into the merits of the matter. As it is the petitioner who has made a complaint against the forceful and illegal possession of an unauthorized occupant over a public utility land and for this very reason he has been roped in the present case as an accused. These are all disputed questions of fact which we cannot enter into at this stage. However, the police authorities are under legal obligation to always go by the provisions of Section 41 of the Cr.P.C. and then proceed further.
With these observations, this petition stands disposed of.
Order Date :- 11.5.2021 LBY