Allahabad High Court
Faizan And 5 Others vs State Of U.P. And 2 Others on 16 May, 2023
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:106307-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 6593 of 2023 Petitioner :- Faizan And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ratnesh Srivastava,Om Narayan Dwivedi Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J.
Hon'ble Surendra Singh-I,J.
1. Heard Sri Om Narayan Dwivedi, learned counsel for the petitioners and Sri Ratan Singh, learned A.G.A. for the State-respondents.
2. The present writ petition has been preferred with the prayer to quash the impugned first information report dated 14.04.2023 registered as Case Crime No. 221 of 2023 under Sections 498-A, 323, 504, 406 I.P.C., Section 3/4 of Dowry Prohibition Act, 1961 and Section 3/4 of Protection of Muslim Women (Marriage Rights Security) Act, 2019, Police Station- Hasanpur, District- Amroha, and for a direction to the respondents not to arrest or harass the petitioners in pursuance of the impugned first information report.
3. The submission is that all alleged offences are punishable with imprisonment upto 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. Reliance has been placed on the judgement of 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 in Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCC 51 and co-ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. and 3 others in 2021 (2) ACR 1147.
4. We have gone through the impugned first report and we are of the opinion that the guidelines framed by the Apex Court in the above noted judgement are equally applicable to the facts of the instant case.
5. Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above.
Order Date :- 16.5.2023 KS