AWDHESH KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned AGA for State-respondents.

(2.) Present writ petition has been preferred for quashing the FIR dtd. 8/6/2022 being Case Crime No. 197 of 2022 under Sec. 447 IPC and Sec. 3/5 Prevention of Damage to Public Property Act 1984, P.S.- Kishani, Distt.- Mainpuri, and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR.

(3.) 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 Sec. 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 dtd. 28/1/2021 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.