Ashish Dubey @ Kanchan And 6 Others vs State Of U.P. And 2 Others
2023 Latest Caselaw 21435 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:160682-DB
 
Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12366 of 2023
 

 
Petitioner :- Ashish Dubey @ Kanchan And 6 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ansar Ahmad,Sandhya Chaturvedi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Rajendra Kumar-IV,J.

1. Heard Ms. Sandhya Chaturvedi, learned counsel for the petitioners; Sri Rajesh Kumar Madhesia, learned A.G.A. for State respondents and perused the records.

2. This writ petition has been filed for quashing the impugned First Information Report dated 06.06.2023 in Case Crime No. 177 of 2023, under Section 498-A, 323, 504, 506 IPC & 3/4 D.P. Act, Police Station Mangalpur, District- Kanpur Dehat.

3. 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 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 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 :- 9.8.2023

I.A.Siddiqui