Mohd Ejaj And 4 Others vs State Of U.P. And 3 Others
2021 Latest Caselaw 9612 ALL

Citation : 2021 Latest Caselaw 9612 ALL
Judgement Date : 5 August, 2021

Allahabad High Court

Mohd Ejaj And 4 Others vs State Of U.P. And 3 Others on 5 August, 2021

Bench: Surya Prakash Kesarwani, Piyush Agrawal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5954 of 2021
 

 
Petitioner :- Mohd Ejaj And 4 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ram Sajiwan Prajapati
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Piyush Agrawal,J.

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 First Information Report dted 12.6.2021 in case crime No. 0033/2021, under sections 498-A, 323, 406, 494 I.P.C. and 3/4 D.P.Act, Police Station Mahila Thana, District Prayagraj, (Annexure 1 to this writ petition).

II. Issue a writ order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in pursuance of the First Information Report dated 12.6.2021 in case crime No. 0033/2021, under sections 498-A, 323, 406, 494 I.P.C. and 3/4 D.P.Act, Police Station Mahila Thana, District Prayagraj."

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 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 :- 5.8.2021

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