Sabir Ali And Another vs State Of U.P. And 2 Others
2023 Latest Caselaw 8466 ALL

Citation : 2023 Latest Caselaw 8466 ALL
Judgement Date : 22 March, 2023

Allahabad High Court

Sabir Ali 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. - 3362 of 2023
 

 
Petitioner :- Sabir Ali And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Rajesh Kumar Asthana,Santosh Kumar Srivastava
 
Counsel for Respondent :- G.A.,Santosh Kumar Srivastava,S0437
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Ms. Nand Prabha Shukla,J.

Sri Arif Iqbal, learned counsel submits that he has already filed his Vakalatnama on behalf of the informant in the office.

Heard Sri Rajesh Kumar Asthana, learned counsel for the petitioners, Sri Arif Iqbal, learned counsel appearing for the informant and Sri Ratan Singh, learned A.G.A. for State respondents.

This writ petition has been filed for quashing the impugned First Information Report dated 31.10.2022 registered as Case Crime No. 1079 of 2022, under Sections 354Kha, 504, 506 I.P.C., P.S. Quarsi, District Aligarh. 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.

Order Date :- 22.3.2023

Lalit Shukla