Kamlesh Yadav vs State Of U.P. And 3 Others
2022 Latest Caselaw 11721 ALL

Citation : 2022 Latest Caselaw 11721 ALL
Judgement Date : 30 August, 2022

Allahabad High Court

Kamlesh Yadav vs State Of U.P. And 3 Others on 30 August, 2022

Bench: Suneet Kumar, Syed Waiz Mian




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 9298 of 2022
 

 
Petitioner :- Kamlesh Yadav
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Jeetendra Kumar Yadav,Aman Arya
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Syed Waiz Mian,J.

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 19.06.2022 registered as Case Crime No. 147 of 2022, under Sections 147, 148, 149, 307, 504, 506, 341, 323, 332, 353, 427, 188 I.P.C. and 7 Criminal Law Amendment Act and 3/4 Damages to Public Property (Prevention) Act, Police Station Barhaj, District Deoria and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.

Sole submission of the learned counsel for the petitioner is that on the date of incident, presence of the petitioner was in the State of Gujrat. Be that as it may, it is a matter of investigation.

He further submits 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.

Order Date :- 30.8.2022

Mukesh Kr.