Allahabad High Court
Baljeet Patel And 7 Others vs State Of U.P. And 2 Others on 16 August, 2023
Bench: Vivek Kumar Birla, Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:165420-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 12758 of 2023 Petitioner :- Baljeet Patel And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Kashyap Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J.
Hon'ble Rajendra Kumar-IV,J.
1. Heard Sri Ajay Kumar Kashyap, learned counsel for the petitioners as well as 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 22.06.2023 registered as Case Crime No. 126 of 2023, under Sections 323, 504, 506, 498A IPC and Section 3/4 DP Act, Police Station Bhariya, District Prayagraj, and for a direction to the respondents not to arrest the petitioners in pursuance of 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. & 3 others in 2021 (2) ACR 1147.
4. 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.
5. Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above.
Order Date :- 16.8.2023 Akram