Akhlak And Another vs State Of U.P. And 2 Others
2023 Latest Caselaw 8354 ALL

Citation : 2023 Latest Caselaw 8354 ALL
Judgement Date : 22 March, 2023

Allahabad High Court

Akhlak And Another vs State Of U.P. And 2 Others on 22 March, 2023

Bench: Vivek Kumar Birla, Nand Prabha Shukla




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3816 of 2023
 

 
Petitioner :- Akhlak And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Chandra Bir Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Ms. Nand Prabha Shukla,J.

Heard Chandra Bir Singh, learned counsel for the petitioners and Sri G.P. Singh, learned A.G.A. for State respondents.

This writ petition has been filed for quashing the impugned First Information Report dated 22.12.2022 registered as Case Crime No. 396 of 2022, under Sections 498-A, 323, 354, 354-B, 504, 506, 376, 511 I.P.C., Section 3/4 of D.P. Act and Section 3/4 of Muslim Women (Protection of Rights on Marriage Act, P.S. Nauchandi, District Meerut. Further prayer has been made not to arrest the petitioner in the aforesaid case.

At the very outset, learned A.G.A. submits that as per GD entry no. 34 dated 16.1.2023 Sections 354, 354(Kha), 376 and 511 IPC have been deleted during investigation.

The submission is that rest of the 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.

Order Date :- 22.3.2023

Lalit Shukla