Single bench disposed of a writ petition seeking quashing of an FIR and non-arrest of petitioners by applying guidelines framed in a coordinate bench judgment, directing the order be disposed of in terms thereof.
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Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 4176 of 2021 Petitioner :- Harish Kumar And 3 Others Respondent :- State Of U.P. And 3 Ors Counsel for Petitioner :- Prabhakar Tripathi Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,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 certorari quashing the impugned F.I.R. dated 24.5.2021 in Case Crime NO. 0155 of 2021, under sections 498-A, 342, 120-B IPC, P.S. New Agra, District Agra.
ii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest and harass the petitioners in pursuance of the F.I.R. dated 24.5.2021 in Case Crime N. 2021, under sections 498-A, 342, 120-B IPC, P.S. New Agra,District Agra."
The submission is that all alleged offences are punishable with imprisonment of less than 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 in which one of us (Hon'ble Gautam Chowdhary, J.) was a member, 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 :- 9.7.2021/RPD
Digitally signed by Justice Surya Digitally signed by Justice Gautam Prakash Kesarwani Chowdhary Date: 2021.07.09 12:55:44 IST Date: 2021.07.09 12:57:50 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 petitioners are entitled to the quashing of the FIR and protection from arrest/aroidance of harassment based on applicable guidelines regarding offences punishable with imprisonment less t
Colour shows how this judgement treated each authority
Vimal Kumar and 3 others vs. State of UP and 3 othersFollowed¶6
Criminal Misc. Writ Petition No.17732 of 2020
Harish Kumar and 3 Others
State Of U.P. and 3 Ors
Surya Prakash Kesarwani
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
