A coordinate Bench was relied upon to dispose of an application to quash an FIR. The Court held that guidelines concerning investigation procedures framed in a previous judgment are equally applicable to the instant case facts, leading to the disposal of the petition in terms of that earlier judgment.
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. - 4121 of 2021
Petitioner :- Satyapal Respondent :- State Of U.P. And 2 Otehrs Counsel for Petitioner :- Pramit Kumar Pal,Habaldar Singh Katheria Counsel for Respondent :- G.A.
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 First Information Report dated 13.5.2021 lodged by opposite party no. 3 as Case Crime No. 058 of 2021, under Sections 147, 336, 353, 504, 506, 188, 269, 270 and 427 IPC & 3 Epidemic Diseases Act, 1897 Police Station Sadar Bazar, District Etah.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to take any action in pursuance of the impugned First Information Report dated 13.5.2021 lodged by opposite party no. 3 as Case Crime No. 058 of 2021, under Sections 147, 336, 353, 504, 506, 188, 269, 270 and 427 IPC & 3 Epidemic Diseases Act, 1897 Police Station Sadar Bazar, District Etah."
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 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
Digitally signed by Justice Surya Prakash Kesarwani Digitally signed by Justice Piyush Agrawal Rahul Dwivedi/Date: 2021.07.23 16:33:12 IST Date: 2021.07.23 16:38:48 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
1 issue framed by the court
Whether the guidelines framed by this Court in Vimal Kumar are equally applicable to the facts of the instant case regarding the impugned FIR.
Colour shows how this judgement treated each authority
Criminal Misc. Writ Petition No.17732 of 2020 Vimal Kumar and 3 others vs. State of UP and 3 others.Relied on¶8
Satyapal
State Of U.P.
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
