Harveer Singh (Ardli) vs State Of U.P. And 3 Others
2023 Latest Caselaw 7780 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3972 of 2023
 

 
Petitioner :- Harveer Singh (Ardli)
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Kulveer Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

Heard Sri Kulveer Singh, learned counsel for the petitioner, Sri Santosh Kumar Srivastava, learned counsel appearing for the informant and Sri G.P. Singh, learned A.G.A. for State respondents.

Learned AGA at the very outset pointed out that in the present case, Section 506 IPC has been added.

At this stage, learned counsel for the petitioner submitted that he may be permitted to add the aforesaid section in the prayer (I) clause.

Prayer aforesaid is allowed. He may do so during course of the day.

This writ petition has been filed for quashing the impugned First Information Report dated 25.2.2023, registered as F.I.R No. / Case Crime No. 0030 of 2023 under Sections 354, 354(A) and 506 IPC, police station - Jansath, District Muzaffarnagar. Further prayer has been made not to arrest the petitioner in the aforesaid case.

The submission is that all alleged offences are punishable with imprisonment upto 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 in Satendra Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 SCC 51 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.

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 :- 17.3.2023

S.K.S.