Court quashed the FIR under Sections 147, 323, 354, 504, 506 IPC and directed respondents not to arrest petitioners, applying guidelines from an earlier analogous judgment.
Quashed the FIR and directed respondents not to arrest the petitioners.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 11349 of 2021
Petitioner :- Prem Sheela Devi And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Radhey Shyam Maurya Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and Shri Pawan Kumar Shukla, learned Brief Holder.
Present writ petition has been preferred for quashing the FIR dated 25.10.2021 being Case Crime No.0240 of 2021 under Section 147, 323, 354, 504, 506 IPC, P.S. Shadiyabad, Distt. Ghazipur and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.
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 41A 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 judgement 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 :- 4.12.2021 SP/
1 issue framed by the court
Whether to quash the FIR and direct respondents not to arrest the petitioners.
Colour shows how this judgement treated each authority
Vimal Kumar and 3 others vs. State of UP and 3 othersReferred¶7
Vimal Kumar and 3 others vs. State of UP and 3 others, Criminal Misc. Writ Petition No.17732 of 2020
Prem Sheela Devi And 4 Others
State Of U.P. And 3 Others
Mahesh Chandra Tripathi
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
