Ajay Kumar And 9 Others vs State Of U.P. And 2 Others
2021 Latest Caselaw 10958 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5604 of 2021
 
Petitioner :- Ajay Kumar And 9 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Shiv Shankar Pd Gupta,Girijesh Kumar Gupta
 
Counsel for Respondent :- G.A.,Kashi Naresh Mishra,Santosh Kumar Upadhyay,Vinod Kumar Upadhyay
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Piyush Agrawal,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents.

Short counter affidavit filed today by the informant is taken on record.

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 15.6.2021 in Case Crime No. 0787 of 2021, under Sections 498A, 323, 504, 506, and 316 I.P.C. & Section 3/4 D.P. Act 1961 P.S. - Dhumanganj, District - Prayagraj.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in any manner".

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 :- 26.8.2021/vkg