Lukman And 3 Others vs State Of U.P. And 3 Others
2023 Latest Caselaw 17431 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:140539-DB
 
Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 10420 of 2023
 

 
Petitioner :- Lukman And 3 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Vijay Babu
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Rajendra Kumar-IV,J.

Heard Sri Rajiv Kumar Pandey, holding brief of Sri Vijay Babu, learned counsel for the petitioners; Sri G.P. Singh, learned A.G.A. for State respondents and perused the records.

This writ petition has been filed for quashing the impugned First Information Report dated 23.05.2023 in Case Crime No. 47 of 2023, under Section 452, 323, 504 & 506 IPC, Police Station Milak Khanam, District- Rampur.

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 :- 14.7.2023

I.A.Siddiqui