Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3015 of 2021 Petitioner :- Vivek Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner and learned A.G.A.
The petitioner has approached this Court for quashment of the first information report dated 16.03.2021 lodged as Case Crime No.0150 of 2021, under Sections 354, 506 I.P.C., Police Station Thakurdwara, district Moradabad.
Looking to the first information report we are convinced that the first information report can not be quashed by issuing a mandamus nor can be given any mandamus to the respondent no.2 not to arrest the petitioner in the aforesaid case. The first information report discloses prima-facie offence against the petitioner.
However, looking to the provisions of Sections 354 read with Section 506 all the offences are punishment below seven years. Hence the police authorities shall adhere the provisions of Section 41 of Cr.P.C. and the investigation shall be conducted in a fair and impartial manner.
With this observation, the writ petition is disposed of.
Order Date :- 11.5.2021 R./