Court No. - 46

Case :- CRIMINAL MISC. WRIT PETITION No. - 1469 of 2021

Petitioner :- Bharat Julka And 2 Others

Respondent :- State Of U P And 3 Others

Counsel for Petitioner :- Sanjay Kumar Yadav,Shri Ram Yadav

Counsel for Respondent :- G.A.,Ashish Kumar Singh

Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Gautam Chowdhary,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

impugned First Information Report in Case Crime No. 0322 of 2019,

under Sections 498A, 323, 504,506 IPC, and 3/4 D.P. Act, P.S. - Mahila

Thana, District - Prayagraj.

(ii) issue a writ order or direction in the nature of mandamus commanding

the local police not to arrest of the petitioners in Case Crime No. 0322 of

2019, under Sections 498A, 323, 504, 506 IPC, and 3/4 D.P. Act, P.S. -

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 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 :- 27.9.2021/vkg