Vivekanand Shukla And 4 Others vs State Of U.P. And Another
2023 Latest Caselaw 2239 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 336 of 2023
 

 
Petitioner :- Vivekanand Shukla And 4 Others
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Devaang Savla,Ankit Saran
 
Counsel for Respondent :- G.A.,Rajesh Kumar Yadav
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Saurabh Srivastava,J.

Heard Sri Ankit Saran, learned counsel for the petitioners, Sri Rajesh Kumar Yadav, learned counsel 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 24.12.2022 in Case Crime No. 1677 of 2022, under Sections 452, 420, 406, 504 and 506 I.P.C, P.S. Indirapuram , District Ghaziabad.

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 :- 20.1.2023

R.S. Tiwari