Advocates:
['VISHWA NATH PANDEY', '', 'SAROJ KUMAR DUBEY', 'G A', '', 'ANUP KUMAR PANDEY']

Court No. - 46

Case :- CRIMINAL MISC. WRIT PETITION No. - 6331 of 2021

Petitioner :- Shahnawaz Khan And 7 Others

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Vishwa Nath Pandey,Saroj Kumar Dubey

Counsel for Respondent :- G.A,Anup Kumar Pandey

Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Mohd. Aslam,J.

Heard learned counsel for the petitioner, learned A.G.A. for the State

respondents and Sri Anup Kumar Pandey for the informant - respondent.

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 dated 01.06.2021 lodged by respondent no.3

as Case Crime No. 132 of 2021, under sections 498A, 323, 504, 506, 406 IPC,

and section 3/4 of Dowry Prohibition Act, P.S. - Rajghat, District - Gorakhpur

(Annexure No. 8 to the writ petition).

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

respondent no.2 not to arrest the petitioner in F.I.R. dated 01.06.2021 lodged by

respondent no.3 as Case Crime No. 132 of 2021, under sections 498A, 323, 504,

506, 406 IPC, and section 3/4 of Dowry Prohibition Act, P.S. - Rajghat, 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 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 :- 17.9.2021/vkg