Shadab vs State Of U.P. And 3 Others
2023 Latest Caselaw 21335 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:160073-DB
 
Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 10156 of 2023
 

 
Petitioner :- Shadab
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Deepak Kumar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Rajendra Kumar-IV,J.

1. Heard learned counsel for the petitioners and learned A.G.A. for State respondents.

2.At the very outset, Sri G.P. Singh, pointed out that during investigation Section 411 IPC has been added in the present case.

3. Learned counsel for the petitioner prays that he may be permitted to amend the prayer.

4. Prayer is allowed. He may do so during the course of the day.

5. This writ petition has been filed for quashing the impugned First Information Report dated 7.7.2022 registered as Case Crime No. 425 of 2022, under Sections 380, 411 I.P.C, P.S. Kotwali City, District Bijnor. Further prayer has been made not to arrest the petitioner in the aforesaid case.

6. Submission of learned counsel for the petitioner is that co-accused Asif has already been granted indulgence by this Court vide order dated 23.1.2023 passed in Criminal Misc. Writ Petition No. 1105 of 2023 (Asif vs. State of U.P. and others). It is next submitted that the first information report was lodged against unknown persons, however, as per report date 15.6.2023 the petitioner is wanted in the present case.

7. 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.

8. 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.

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

Order Date :- 9.8.2023

Lalit Shukla