Allahabad High Court
Matlub Ahamad vs State Of U.P. And 3 Others on 11 October, 2023
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:195588-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 15454 of 2023 Petitioner :- Matlub Ahamad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar Singh,Pradeep Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J.
Hon'ble Vinod Diwakar,J.
1. The matter is continuing in the list of fresh cases as 'left over matters'. This petition was reported on 25.9.2023 and filed on 26.9.2023.
2. No one has put in appearance on behalf of the petitioner. Therefore, we proceed to consider the matter on merits.
3. Heard learned AGA appearing for the State respondents and perused the records.
4. Present petition has been filed with a prayer to direct the respondents to conduct free and fair investigation in the first information report dated 7.11.2022 in Case Crime No. 0405 of 2022, under Sections 420, 384 IPC, Section 66, 72 IT Act and Section 5 of Official Secrets Act, 1923, P.S. Kanth, District Moradabad.
5. In paragraph 1 of the petition it has been stated that this is the first petition claiming fair investigation.
6. On perusal of the record, we find that this is the second petition and the petitioner herein is an accused and had earlier approached this Court for quashing the first information report by filing a Criminal Misc. Writ petition No. 17294 of 2022, which was disposed of on 22.11.2022. The said order is quoted as under:
"Heard learned counsel for the petitioner and learned A.G.A. for the State.
The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 7.11.2022 registered as Case Crime No. 405 of 2022, under Sections 420, 384 I.P.C. and Section 66/72 of Information Technology Act and Section 5 Official Secrets Act, P.S. Kanth, District Moradabad, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned 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 petitioner has 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 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 judgements are equally applicable to the facts of the instant case.
Accordingly, the instant petition also stands disposed of in the light of the judgments as noted above."
7. The accused has no right to claim fair investigation. A reference may be made to our judgement and order dated 3.8.2023 passed in Criminal Misc. Writ Petition No. 11652 of 2023 (Priti Singh vs. State of UP and others).
8. Present petition at the instance of present accused is not maintainable.
9. In such view of the matter, present petition is accordingly dismissed.
Order Date :- 11.10.2023 Abhishek