Allahabad High Court
Anoop Sharma And Another vs State Of U.P. And 2 Others on 28 March, 2023
Bench: Vivek Kumar Birla, Surendra Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 4196 of 2023
Petitioner :- Anoop Sharma And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Brij Raj Singh
Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Surendra Singh-I,J.
Heard Sri Brij Raj Singh, learned counsel for the petitioners as well as learned A.G.A. for the State respondents and perused the record.
The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 04.02.2023, registered as Case Crime No. 44 of 2023, under Sections 379, 406, and 120B IPC, P.S.Kotwali Dehat, District Etah and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
Learned counsel for the petitioner submits that earlier co-accused persons has filed Criminal Misc. Writ Petition No. 3083 of 2023 (Awadhesh Kumar Saini Alias Mintu Alias Avdhesh Sharma And Another vs. State of UP and others) which was disposed of by this Court vide order dated 23.02.2023 and therefore, the present writ petition filed by the petitioners herein may also be disposed of in terms of the order dated 23.02.2023.
The said order dated 23.02.2023 passed in Criminal Misc. Writ Petition No. 3083 of 2023 (Awadhesh Kumar Saini Alias Mintu Alias Avdhesh Sharma And Another vs. State of UP and others) is quoted as under:
"Heard learned counsel for the petitioners, 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 04.02.2023 registered as Case Crime No.44 of 2023, under Sections 379, 406, 120-B I.P.C, P.S. Kotwali Dehat, District Etah.
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 petitioners have 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 :- 28.3.2023
Nitendra
