Manoj Kumar Mishra vs State Of U.P. And 3 Others
2023 Latest Caselaw 17218 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:137975-DB
 
Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 9074 of 2023
 

 
Petitioner :- Manoj Kumar Mishra
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sanjay Pathak,Vijay Kumar Pandey
 
Counsel for Respondent :- G.A.,Sushil Kumar Pandey
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Rajendra Kumar-IV,J.

1. Heard Sri Sanjay Pathak, learned counsel for the petitioner; Sri Sushil Kumar Pandey, learned counsel for the informant and learned A.G.A. for State respondents.

2. This writ petition has been filed praying to quash the first information report dated 07.05.2023, registered as Case Crime No.0861 of 2023, under Section 135 of the Indian Electricity Act, 2003, Police Station Anti Power Theft, District Mirzapur.

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 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.

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 :- 12.7.2023

I.A.Siddiqui