The court disposed of a writ petition challenging an FIR and seeking arrest protection. Relying on its own January 2021 judgment, the court applied guidelines regarding Section 41-A Cr.P.C. for offences punishable with seven years or less.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5955 of 2021
Petitioner :- Rihan @ Mohd. Rehan Danish And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Irshad Ahmad 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. for the Staterespondents.
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 02.07.2021 in Case Crime No. 318 of 2021, under Sections 420 I.P.C. and 30 Arms Act, Police Station Bahjoi District Sambhal.
(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 02.07.2021 in Case Crime No. 318 of 2021, under Sections 420 I.P.C. and 30 Arms Act, Police Station Bahjoi District Sambhal".
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 Apex Court in different cases, relating to offenses 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 :- 6.8.2021 T.S.
2 issues framed by the court
Whether Section 41-A Cr.P.C. procedure is mandatory for offences punishable with imprisonment of seven years or less.
Whether to issue writ in the nature of certiorari quashing the impugned FIR and mandamus restraining arrest of petitioners.
Colour shows how this judgement treated each authority
Vimal Kumar and 3 others vs. State of UP and 3 othersFollowed¶9
Criminal Misc. Writ Petition No.17732 of 2020
Vimal Kumar and 3 others vs. State of UP and 3 othersFollowed¶10
Vimal Kumar and 3 others vs. State of UP and 3 others
3 provisions across 3 enactments
Rihan @ Mohd. Rehan Danish And Another
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
