Curative of writ petition seeking quashing of FIR and restraint on arrest due to offences punishable with seven years or less imprisonment; court disposed of petition applying prior guidelines.
Petition disposed of in terms of the judgment dated 28.01.2021 in Criminal Misc. Writ Petition No.17732 of 2020.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12152 of 2021
Petitioner :- Ateeq Ahmad Alias Abdul Ateeq And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lokesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed with the prayer to quash the First Information Report (FIR) dated 17.09.2021 in Case Crime no.543/2021 under Section 147, 323, 504, 506, 452, 427 IPC, P.S. Mauaima, District Prayagraj. Further prayer has been made not to arrest the petitioners in the aforesaid case.
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 :- 16.12.2021 A. Pandey
2 issues framed by the court
Whether the petitioners should be arrested given the offences are punishable with imprisonment of seven years or less.
Whether the scrutiny of the FIR under Section 41A Cr.P.C. is required.
Colour shows how this judgement treated each authority
Vimal Kumar and 3 others vs. State of UP and 3 othersRelied on¶6
(Vimal Kumar and 3 others vs. State of UP and 3 others)
2 provisions across 2 enactments
Ateeq Ahmad Alias Abdul Ateeq And 5 Others
State Of U.P. And 2 Others
Mahesh Chandra Tripathi
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
