Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 9131

of 2021

Petitioner :- Atul Kumar Jaiswal

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Vivek Kumar Maheshwari

Counsel for Respondent :- G.A.

Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Subhash Vidyarthi,J.

The instant petition has been filed by the petitioner with

the following prayers :-

"i. Issue a writ, order or direction in the nature of certiorari

quashing he impugned FIR dated 26.08.2021, registered as Case

Crime No.0310 of 2021 under Section 3/7 of the Essential

Commodities Act, 1955, Police Station Sarai Inayat, District

Prayagraj (Annexure-1 to the writ petition).

ii. Issue a writ, order or direction in the nature of mandamus

directing the respondent no.2 and 3 not to arrest the petitioner in

pursuant to the impugned FIR dated 26.08.2021, registered as Case

Crime No. 310 of 2021 under Section 3/7 of the Essential

Commodities Act, 1955, Police Station Sarai Inayat, District

Prayagraj (Annexure-1 to the writ petition)."

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 petitioner has been

wrongly implicated and could not be arrested. Learned

counsel for the petitioner 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 :- 25.10.2021/Ashish Pd.