Allahabad High Court
Raj Bahadur And 5 Others vs State Of U.P. And 2 Others on 21 April, 2023
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 6157 of 2023 Petitioner :- Raj Bahadur And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhakar Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J.
Hon'ble Surendra Singh-I,J.
Heard Sri Sudhakar Yadav, learned counsel for the petitioners and Sri G.P. Singh, learned AGA for the State respondents.
The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 05.04.2023, registered as Case Crime No. 130 of 2023, under Sections 498A, 323, 506 IPC and 3/4 of D.P. Act, P.S. Bisalpur, District Pilibhit and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
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, 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.
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.
Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above.
Order Date :- 21.4.2023 Pratima