Allahabad High Court
Balram And 5 Others vs State Of U.P. And 3 Others on 13 June, 2022
Bench: Mahesh Chandra Tripathi, Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 7204 of 2022 Petitioner :- Balram And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dileep Chandra Mathur Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Ashutosh Srivastava,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
Present writ petition has been preferred for quashing the F.I.R dated 16.05.2022 being F.I.R. No. 0148 of 2022, under Sections 147, 148, 323, 504, 506 of I.P.C. and Section 3(1)(Da) and 3(1)(Dha) of S.C./S.T. (Prevention of Atrocities) Act, 1989 (Amended 2015), Police Station Dhampur, District Bijnor. Further prayer has been made not to arrest the petitioners in the aforesaid case.
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 :- 13.6.2022 SA