Manvinder Pal Singh Arora (In ... vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 19068 ALL

Citation : 2023 Latest Caselaw 19068 ALL
Judgement Date : 25 July, 2023

Allahabad High Court

Manvinder Pal Singh Arora (In ... vs State Of U.P. Thru. Prin. Secy. ... on 25 July, 2023

Bench: Sangeeta Chandra, Ajai Kumar Srivastava-I





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:48580-DB
 
Court No. - 10
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5687 of 2023
 
Petitioner :- Manvinder Pal Singh Arora (In F.I.R. Manvendar Singh Baba) And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Govt. U.P. Lucknow And Others
 
Counsel for Petitioner :- Anand Kumar Sharma,Vaibhav Sharma
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Ajai Kumar Srivastava-I,J.

Heard learned counsel for the petitioners and learned A.G.A. for the State.

This petition has been filed with the following main prayer:-

"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 23.05.2023 of Case Crime No.38 of 2023, Under Sections 147, 153-A, 323, 504, 506 Indian Penal Code, 1860 and Sections 3(1)(da) Schedule Cast and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station- Aminabad, District Lucknow Central (Commissionerate Lucknow); contained in Annexure No.1 and every proceedings arising out of the same."

It has been submitted by learned counsel for the petitioner that all the sections invoked against the petitioner carry a punishment of upto seven years and, therefore, he is entitled to the benefit granted by Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. He has also pointed out that in two similar petitions filed by other co-accused, namely, Criminal Misc. Writ Petition No.5608 of 2023: Jaspreet Singh Batra Vs. State of U.P. and others, and Criminal Misc. Writ Petition No.5614 of 2023: Pramod Kumar Sonkar Vs. State of U.P. and others, this Court had granted benefit of the judgment rendered by Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar.

Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 41A Cr.P.C. and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273.

Order Date :- 25.7.2023

Rahul