A petition seeking quashing of an FIR and prohibition of arrest was disposed of in reliance on a prior judgment regarding procedural guidelines for cognizable offences.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 4126 of 2021 Petitioner :- Sooraj And 3 Others Respondent :- State Of U.P And 2 Others Counsel for Petitioner :- R.B. Singh,Sudhir Kumar Pandey 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 impugned First Information Report dated 05.05.2021 lodged by the respondent no. 3 in Case Crime No. 0087 of 2021, under Sections 323, 324, 452, 504 and 506 IPC, P.S. Kheragarh, District Agra (Annexure No. 1).
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest of the petitioners in pursuance of the impugned first information report dated 05.05.2021 lodged by the respondent no. 3 in Case Crime No. 0087 of 2021, under Sections 323, 324, 452, 504 and 506 IPC, P.S. Kheragarh, District Agra (Annexure No. 1)."
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/-
Digitally signed by Justice Surya Digitally signed by Justice Piyush Prakash Kesarwani Agrawal Date: 2021.07.23 16:35:40 IST Date: 2021.07.23 16:38:45 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
Colour shows how this judgement treated each authority
Vimal Kumar and 3 others vs. State of UP and 3 othersRelied on¶7
Criminal Misc. Writ Petition No.17732 of 2020 Vimal Kumar and 3 others vs. State of UP and 3 others.
1 provisions across 1 enactments
Sooraj And 3 Others
State Of U.P And 2 Others
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
