Criminal Misc. Writ Petition challenging an FIR and seeking prohibition of arrest. The Court applied guidelines from a Coordinate Bench judgment and disposed of the petition accordingly.
Disposed in terms of the judgment dated 28.01.2021 in Vimal Kumar.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 4071 of 2021
Petitioner :- Mahipal Singh Puri Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Srivastava Counsel for Respondent :- G.A.,Deepak Kumar Srivastava,Ganesh Shanker Srivastava
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
The instant petition has been filed by the petitioner with the following prayers :-
"(i) Issue a writ order or direction in the nature of certiorari quashing the impugned FIR No.164 of 2021, dated 19.05.2021, under section 420 I.P.C., P.S. Kotwali, District Bareilly.
(ii) Issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in pursuance of the impugned FIR No.164 of 2021, dated 19.05.2021, under section 420 I.P., P.S. Kotwali, District Bareilly".
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 petitioner 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 T.S.
Digitally signed by Justice Surya Digitally signed by Justice Piyush Prakash Kesarwani Agrawal Date: 2021.07.23 16:14:21 IST Date: 2021.07.23 16:15:49 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
2 issues framed by the court
Whether the guidelines framed by this Court in Criminal Misc. Writ Petition No.17732 of 2020 are applicable to the facts of the instant case.
Whether the instant petition should be disposed of in terms of the judgment dated 28.01.2021 in Vimal Kumar.
Colour shows how this judgement treated each authority
Vimal Kumar and 3 others vs. State of UP and 3 othersRelied on¶8
Criminal Misc. Writ Petition No.17732 of 2020
MAHIPAL SINGH PURI
STATE OF U.P.
2 OTHERS
SURYA PRAKASH KESARWANI
PIYUSH AGRAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
