The court disposed of a writ petition seeking quashing of an FIR and prohibition of arrest in a case involving offences with a seven-year punishment. Following a previous judgment, the court applied the guidelines and disposed of the instant petition.
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. - 5960 of 2021
Petitioner :- P.D. Tiwari @ Purnendu Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Kumar Mishra,Vishesh Rajvanshi Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and learned A.G.A. for the Staterespondents.
The instant petition has been filed by the petitioner with the following prayers :-
"(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned FIR dated 26.06.2021 in Case Crime No. 0349 of 2021, under Sections 147, 332, 353, 504, 506, 188, 269 I.P.C. and Section 7 Criminal Law Amendment Act 1932 and Section 51(b) of Disaster Management Act, 2005, Police Station Kotwali, District Deoria.
(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 26.06.2021 in Case Crime No. 0349 of 2021, under Sections 147, 332, 353, 504, 506, 188, 269 I.P.C. and Section 7 Criminal Law Amendment Act 1932 and Section 51(b) of Disaster Management Act, 2005, Police Station Kotwali, District Deoria".
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.
3 issues framed by the court
Whether the petitioner can be arrested in pursuance of an FIR where all alleged offences carry a punishment of seven years or more.
Whether Section 41-A Cr.P.C. procedure is mandatory for arrest in cases with prescribed imprisonment of seven years.
Whether the guidelines framed in a previous court judgment regarding arrest procedures are equally applicable to the instant facts.
Colour shows how this judgement treated each authority
Vimal KumarFollowed¶9
Criminal Misc. Writ Petition No.17732 of 2020
P.D. Tiwari
State Of U.P.
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
