Prateek Bajpai And 2 Others vs State Of U.P. And 2 Others
2023 Latest Caselaw 1363 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 20443 of 2022
 

 
Petitioner :- Prateek Bajpai And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Shashank Tripathi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Saurabh Srivastava,J.

Vakalatnama filed by Sri S.S. Yadav on behalf of the informant is taken on record.

Heard Sri Shashank Tripathi, learned counsel for the petitioners, Sri S.S. Yadav, learned counsel appearing for the informant and learned A.G.A. for State respondents.

This writ petition has been filed for quashing the impugned First Information Report dated 18.8.2022 registered as Case Crime No. 119 of 2022, under Sections 147, 323, 504, 506, 427 I.P.C and Section 3(1)(Da) and 3(1)(Dha) of SC/ST Act, P.S. Swaroop Nagar, District Kanpur.

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 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.

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.

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

Order Date :- 12.1.2023

Lalit Shukla