The court disposed of a petition seeking to quash an FIR and direct adherence to Section 41-A Cr.P.C. guidelines based on a prior judgment. The court held the prior guidelines were applicable and disposed of the matter accordingly.
Disposed of the petition following the guidelines laid down in a previous judgment.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9323 of 2021
Petitioner :- Jitendra And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
The instant petition has been filed by the petitioners for quashing the impugned first information report dated 09.09.2021 registered as Case Crime No. 227 of 2021, under Sections 147, 323, 504, 506 and 308 IPC, P.S. Kamalganj, District Farrukhabad.
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 judgement 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 :- 2.12.2021 Ashish Pd.
1 issue framed by the court
Whether the petitioners were properly implicated without following Section 41-A Cr.P.C. procedure given the potential seven-year imprisonment.
Colour shows how this judgement treated each authority
Vimal Kumar and 3 others vs. State of UP and 3 othersFollowed¶6
Criminal Misc. Writ Petition No.17732 of 2020 (Vimal Kumar and 3 others vs. State of UP and 3 others)
1 provisions across 1 enactments
Jitendra And 3 Others
State Of U.P. And 3 Others
Mahesh Chandra Tripathi
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
