Neeraj Gangwar And 2 Others vs State Of U.P. And 3 Others
2022 Latest Caselaw 22165 ALL

Citation : 2022 Latest Caselaw 22165 ALL
Judgement Date : 20 December, 2022

Allahabad High Court

Neeraj Gangwar And 2 Others vs State Of U.P. And 3 Others on 20 December, 2022

Bench: Suneet Kumar, Syed Waiz Mian




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 19274 of 2022
 
Petitioner :- Neeraj Gangwar And 2 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Santosh Kumar Mishra,Rajeev Kumar Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Syed Waiz Mian,J.

Heard learned counsel for the petitioners 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 22.7.2022 registered as Case Crime No. 123 of 2022, under Sections 498A, 376, 323, 504, 506 I.P.C. and Sections 3/4 D.P. Act, P.S. Kaimari, District Rampur and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.

It is submitted that the co-accused. Jitendra Gangwar has already been arrested under Section 376 IPC.

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 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 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 :- 20.12.2022/Arif