Gauri Shanker Dubey And 6 Others vs State Of U.P. And 3 Others
2021 Latest Caselaw 8028 ALL

Citation : 2021 Latest Caselaw 8028 ALL
Judgement Date : 15 July, 2021

Allahabad High Court

Gauri Shanker Dubey And 6 Others vs State Of U.P. And 3 Others on 15 July, 2021

Bench: Surya Prakash Kesarwani, Syed Aftab Rizvi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5297 of 2021
 
Petitioner :- Gauri Shanker Dubey And 6 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Rajesh Kumar Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Syed Aftab Husain Rizvi,J.

The instant petition has been filed by the petitioners with the following prayers:-

I. To issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 17.06.2021 lodged by respondent no.4 in case crime no.0086 of 2021, under Section 147, 323, 452, 506, 354-Kha, 120-B and 336 I.P.C. Sikariganj, District Gorakhpur.

II. To issue a writ, order or direction in the nature of mandamus restraining the respondents from taking any action against the petitioners in pursuance of case crime no.0086 of 2021, under Section 147, 323, 452, 506, 354-Kha, 120-B and 336 I.P.C., P.S. Sikariganj, District Gorakhpur.

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 judgment of this Court dated 28.01.2021 in Criminal Misc. Writ Petition No.17732 of 2020 Vimal Kumar and 3 others vs. State of U.P. and 3 others. In the said judgment, a coordinate Bench has framed various guidelines to be followed during investigation of offence under Section 498A IPC. These guidelines have been framed following the judgment of the Apex Court in different Cases.

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 judgment are equally applicable to the facts of the instant case.

Accordingly, the instant petition also stands disposed off in terms of judgment dated 28.01.2021 in Criminal Misc. Writ Petition No.17732 of 2020 Vimal Kumar and 3 others vs. State of U.P. and 3 others.

Order Date :- 15.7.2021

C. MANI