Allahabad High Court
Mohd. Faizan And 4 Others vs State Of U.P. And 2 Others on 25 September, 2023
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:185025-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 11218 of 2023 Petitioner :- Mohd. Faizan And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aishwarya Pratap Singh Counsel for Respondent :- G.A.,Mohammad Firoz Khan,Rajesh Kumar Singh,Shubhank Chaurasia Hon'ble Vivek Kumar Birla,J.
Hon'ble Vinod Diwakar,J.
1. Heard Sri Aishwarya Pratap Singh, learned counsel for the petitioners as well as learned A.G.A. for the State respondents and Sri Rajesh Kumar Singh, learned counsel and Mohd. Firoz Khan, learned counsel for the informant.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 6.7.2023 registered as Case Crime No. 0152 of 2023, under Sections 498A, 323, 504, 506, 354, 406 IPC and 3/4 D.P. Act, PS Kareli, District Nagar (Commissionerate Prayagraj), and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
3. Vide order dated 20.7.2023, the matter was referred to the Mediation Centre, however, as per mediation report dated 15.9.2023, mediation is completed but no agreement has reached. We, therefore, proceed to hear the matter on merits.
4. 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. & 3 others in 2021 (2) ACR 1147.
5. 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 judgement are equally applicable to the facts of the instant case.
6. Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above.
Order Date :- 25.9.2023 Abhishek