Rahul Mishra vs State Of U.P. And 2 Others
2023 Latest Caselaw 20779 ALL

Citation : 2023 Latest Caselaw 20779 ALL
Judgement Date : 4 August, 2023

Allahabad High Court

Rahul Mishra vs State Of U.P. And 2 Others on 4 August, 2023

Bench: Vivek Kumar Birla, Arun Kumar Deshwal





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:156260-DB
 

 
Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 9621 of 2023
 

 
Petitioner :- Rahul Mishra
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Puneet Kumar Shukla
 
Counsel for Respondent :- G.A.,Mayank Yadav,Vivek Kumar Singh
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Arun Kumar Singh Deshwal,J.

1. Heard Sri Puneet Kumar Shukla, learned counsel for the petitioner, Sri Vivek Kumar Singh along with Sri Mayank Yadav, learned counsel appearing for the informant and learned A.G.A. for State respondents.

2. This writ petition has been filed for quashing the impugned First Information Report dated 15.3.2023 registered as Case Crime No. 95 of 2023, under Sections 420, 406 I.P.C, P.S. Khekada, District Bhagpat. Further prayer has been made not to arrest the petitioner in the aforesaid case.

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 petitioner has been wrongly implicated and could not be arrested. Reliance has been placed on the judgment 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 Bench of this Court in Vimal Kumar & 3 Others Vs. State of U.P. & 3 Others, 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 judgment are equally applicable to the facts of the instance case.

5. Accordingly, the instant petition also stands disposed of in terms of the judgments noted above.

Order Date :- 4.8.2023

Lalit Shukla