Mohit vs The State Of U.P. And 3 Others
2023 Latest Caselaw 9670 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5071 of 2023
 

 
Petitioner :- Mohit
 
Respondent :- The State Of U.P. And 3 Others
 
Counsel for Petitioner :- Arvind Kumar Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Arvind Kumar Mishra, learned counsel for the petitioner(s) 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 22.01.2023 registered as Case Crime No. 0003 of 2023, under Section 308 I.P.C., Police Station- Chandi Nagar, District- Baghpat, 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 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 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.

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 noted above.

Order Date :- 3.4.2023

A.Kr.