Petitioner sought quashing of FIR and directions against arrest. Court applied guidelines from a coordinate bench and disposed of the petition relying on a previous judgment. No detailed reasoning provided in this short order.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 4998 of 2021
Petitioner :- Arvind Sirohi @ Arvind Vikram Sirohi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Tiwari,Ram Chandra Tripathi Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioners and learned A.G.A.
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 to quash the F.I.R. dated 17.05.2021 under sections 420, 406, 506 I.P.C. Police Station Kotwali City, District Bulandshahar, registered as case crime No. 808 of 2021.
ii. Issue a writ, order or direction in the nature of commanding and directing the respondents not to arrest the petitioners in case crime no. 808 of 2021 under sections 420, 406, 506 I.P.C. Police Station Kotwali City, District Bulandshahar. "
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 the said judgement, a coordinate Bench has framed various guidelines to be followed during investigation of offcence 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 :- 25.8.2021 Amit Mishra
1 issue framed by the court
Whether the impugned FIR should be quashed under guidelines framed by this Court.
Colour shows how this judgement treated each authority
Vimal Kumar and 3 others vs. State of UP and 3 othersRelied on¶9
Criminal Misc. Writ Petition No.17732 of 2020
Arvind Sirohi and 2 Others
State Of U.P. and 3 Others
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
