Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 46
Case :- CRIMINAL MISC. WRIT PETITION No. – 4111 of 2021
Petitioner :- Lekhraj And 17 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Dinesh Kumar
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 First Information Report dated 19.5.2021 registered as Case Crime No. 296 of 2021, under Sections 147, 148, 149, 452, 323, 504, 506 IPC and 3 (2) (v) (a) of SC/ST Act, P.S. Jewar, District Gaugambuddha Nagar (Annexure No.1 to the writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in pursuance of First Information Report dated 19.5.2021 registered as Case Crime No. 296 of 2021, under Sections 147, 148, 149, 452, 323, 504, 506 IPC and 3 (2) (v) (a) of SC/ST Act, P.S. Jewar, District Gaugambuddha Nagar.”
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 :- 22.7.2021
Rahul Dwivedi/-