The Allahabad High Court has said that the guidelines of the Supreme Court on Section 41A of the Code of Criminal Procedure should be followed in the case of charges punishable with imprisonment up to seven years.
The Division Bench of Justice Suneet Kumar and Justice Gautam Chowdhary passed this order while hearing a petition filed by Lalta Prasad.
The writ petition has been preferred with the prayer to quash the First Information Report dated 17.06.2022 registered as Case under Section 3 of the Prevention of Damages to Public Property Act, 1984, P.S Muhamadabad, District Mau, and for a direction to the respondents not to arrest the petitioner in pursuance of the First Information Report.
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.
Counsel for the petitioner relied on the judgement of the Apex Court in Arnesh Kumar Vs State of Bihar, (2014) 8 SCC 273 and Social Action Forum for Manav Adhikar Vs Union of India, Ministry of Law and Justice and others in Writ Petition (Civil) No 73 of 2015 with Criminal Appeal No 1265 of 2017 Writ Petition (Criminal) No 156 of 2017 and co-ordinate Division Bench of the Court in Vimal Kumar & 3 others Vs State of U.P & 3 others in 2021 (2) ACR 1147.
“We have gone through the impugned first information report and we are of the opinion that the guidelines framed by the Apex Court in the above noted judgements are equally applicable to the facts of the instant case”, the Court observed.
Accordingly, the Court disposed of the petition stands in the light of the judgments as noted above.
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