CRLP/12781/2021 of RAMESH KUMAR CHANDOK Vs State of U.P. AND 2 OTHERS on 24 December 2021

Conclusion

Case :- CRIMINAL MISC. WRIT PETITION No. - 12781 of 2021

Petitioner :- Ramesh Kumar ChandokRespondent :- State Of U.P. And 2 OthersCounsel for Petitioner :- Rajeev SharmaCounsel for Respondent :- G.A.

Hon'ble Mahesh Chandra Tripathi,J.Hon'ble Subhash Vidyarthi,J.

Heard learned counsel for the petitioner and Shri ShishirJaiswal, learned A.G.A. for the State-respondents.

This writ petition has been filed by the petitioner with prayer toquash the first information report dated 28.10.2021 in CaseCrime No. 286 of 2021 under Sections 406, 504, 506 IPC,Police Station Gagalheri, District Saharanpur and further not toarrest the petitioner in aforesaid case crime.

The submission is that all alleged offences are punishable withimprisonment of seven years, therefore the police authoritiesare bound to follow the procedure laid down under Section 41-A Cr.P.C. The petitioner has been wrongly implicated and couldnot be arrested. Learned counsel for the petitioner has placedreliance on the judgement of this Court dated 28.01.2021 inCriminal Misc. Writ Petition No.17732 of 2020 (VimalKumar and 3 others vs. State of UP and 3 others) in whichguidelines have been framed following the judgement of theApex Court in different cases, relating to offences providingpunishment of seven years or less.

We have gone through the impugned first information reportand we are of the opinion that the guidelines framed by thisCourt in the above noted judgement are equally applicable tothe facts of the instant case.

Accordingly, the instant petition also stands disposed of interms of judgement dated 28.01.2021 in Criminal Misc. WritPetition No.17732 of 2020 Vimal Kumar and 3 others vs. Stateof UP and 3 others.

Order Date :- 24.12.2021Jaswant