Petitioners sought quashing of an FIR and stay of arrest under Section 41A Cr.P.C. The court applied guidelines from a coordinate bench regarding Section 498A IPC investigations to the facts. The petition was disposed of by following the coordinate bench judgment.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5767 of 2021
Petitioner :- Maqsood And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Priya Singh Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioners and learned AGA for the State - respondents.
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 19.06.2021 registered as Case Crime no. 68 of 2021, under sections 352, 504, 506, 34 I.P.C. and under section 3(1)(r) SC/ST Act, Police Station Rampur, District Mau (Annexure No. 1 to the writ petition).
II) Issue a writ, order or direction in the nature of mandamus commanding the respondent not to arrest the petitioners in pursuance of the impugned F.I.R. dated 19.06.2021 registered as Case Crime no. 68 of 2021, under sections 352, 504, 506, 34 I.P.C. and under section 3(1)(r) SC/ST Act, Police Station Rampur, District Mau, as well as stay the arrest of the petitioners, during pending investigation or till report under section 173(2) Cr.P.C."
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 :- 5.8.2021 Amit Mishra
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 )Followed¶9
Maqsood And 4 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
