Hemendra vs State Of U.P. And 2 Others
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Allahabad High Court

Hemendra vs State Of U.P. And 2 Others on 19 December, 2023

Author: Vivek Kumar Birla

Bench: Vivek Kumar Birla

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:239946-DB
 
Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 19512 of 2023
 

 
Petitioner :- Hemendra
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Jitendra Singh,Vipin Kumar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.
 

Hon'ble Vinod Diwakar,J.

1. Heard Sri Jitendra Singh, learned counsel for the petitioner and Sri Virendra Kumar Pal, learned A.G.A. for State respondents.

2. At the very outset, learned A.G.A. pointed out that during investigation Section 3(2)(v)(a) of SC/ST Act has been added.

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

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 11.11.2023 registered as Case Crime No. 310 of 2023, under Sections 308, 323, 341, 506 I.P.C and Section 3(2)(v)(a) of SC/ST Act, P.S. Kotwali Dehat, District Bijnor. Further prayer has been made not to arrest the petitioner in the aforesaid case.

6. Although prayer for quashing of FIR has been made but without insisting on the same only 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 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, 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.

7. We have gone through the impugned first information report and without interfering in the same, we are of the opinion that the guidelines framed by the Apex Court in the above noted judgement are equally applicable to the facts of the instant case.

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

Order Date :- 19.12.2023

Lalit Shukla