The Court disposed of a writ petition filed to quash an FIR and restrain arrest. Reliance was placed on a prior judgment of the same Court which held guidelines applicable for offences punishable with seven years imprisonment.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5732 of 2021
Petitioner :- Guddi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Vashistha 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 to quash the impugned FIR dated 04.04.2021 in Case Crime No. 284 of 2021, under Sections 3, 4, 5 and 6 of Prevention of Immoral Traffic Act, Police Station Kotwali, District Etah.
(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 dated 04.04.2021 in Case Crime No. 284 of 2021, under Sections 3, 4, 5 and 6 of Prevention of Immoral Traffic Act, Police Station Kotwali, 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 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 which guidelines have been framed following the judgment of the Apex Court in different cases, relating to offences providing punishment of seven years or less.
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 :- 29.7.2021 T.S.
1 issue framed by the court
Whether guidelines framed in Criminal Misc. Writ Petition No.17732 of 2020 are applicable to quash the impugned FIR and refrain from arrest in the instant case.
Colour shows how this judgement treated each authority
Vimal Kumar and 3 others vs. State of UP and 3 othersFollowed¶8
Criminal Misc. Writ Petition No.17732 of 2020 Vimal Kumar and 3 others vs. State of UP and 3 others
Guddi And Another
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
