Gupteshwar Chaubey And 5 Others vs State Of U.P. And 3 Others
2021 Latest Caselaw 9148 ALL

Citation : 2021 Latest Caselaw 9148 ALL
Judgement Date : 30 July, 2021

Allahabad High Court

Gupteshwar Chaubey And 5 Others vs State Of U.P. And 3 Others on 30 July, 2021

Bench: Surya Prakash Kesarwani, Piyush Agrawal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5783 of 2021
 

 
Petitioner :- Gupteshwar Chaubey And 5 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Dadhi Bal Yadav,Kailash Singh Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Piyush Agrawal,J.

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

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 impugned FIR dated 13.06.2021 registered as Case Crime No. 163 of 2021, under Sections 147, 148, 149, 323, 504, 506, 352, 308 I.P.C., Police Station Jiyanpur, District Azamgarh.

(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 13.06.2021 registered as Case Crime No. 163 of 2021, under Sections 147, 148, 149, 323, 504, 506, 352, 308 I.P.C., Police Station Jiyanpur, District Azamgarh".

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 :- 30.7.2021

T.S.