Allahabad High Court
Murtja Ansari @ Murtaja vs State Of U.P. And 3 Others on 11 July, 2022
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 8700 of 2022 Petitioner :- Murtja Ansari @ Murtaja Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vivek Kumar Pandey,Vinay Bhushan Upadhyay Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Umesh Chandra Sharma,J.
Heard, learned counsel for the petitioner and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 02.06.2022 registered as Case Crime No.169 of 2022, under Sections 323, 354C, 504, 506 I.P.C., P.S. Turakpatti, District Kushi Nagar. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Learned counsel for the petitioner submits 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. He 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 :- 11.7.2022 Sachin/-