Arun Kumar Pal And Others vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 14823 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:32582-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3653 of 2023
 

 
Petitioner :- Arun Kumar Pal And Others
 
Respondent :- State Of U.P. Thru. Addl. Chief Secretary/ Prin. Secy. Deptt. Of Home Lko. And Others
 
Counsel for Petitioner :- Praveen Kumar Yadav,Saquib Zia Khan,Satyendra Kumar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioners, Smt. Ruhi Siddiqui, learned A.G.A. for the State/respondent No1.1 to 3 and Shri Aditya Vikram Singh, learned counsel for the informant and perused the record.

Vakalatnama filed on behalf of the informant/respondent No.4 by Shri Aditya Vikram Singh, Advocate is taken on record.

This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of Certiorari quashing the impugned F.I.R. dated 28.03.2023, registered as F.I.R./Case Crime No.0040 of 2023, under Sections 147, 323, 504, 506, 427, 452 IPC and Section 3 (1) (r), 3 (1)(s) and 3 (2) (va) of SC/ST Act, at Police Station -Rahimabad, District -Lucknow. A further prayer has been made to issue a writ, order or direction in the nature of Mandamus commanding respondent Nos. 1 to 3 not to proceed, prosecute or arrest the petitioners on the basis of impugned F.I.R.

It has been submitted by learned counsel for the petitioners that all the sections invoked against the petitioners in the F.I.R. carry a punishment of less than 07 years. Therefore, the petitioners are entitled to the benefit of the judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. Additionally it has been submitted by learned counsel for the petitioners that a compromise has occurred between the parties. The original copy of the compromise has been filed as Annexure No.2 to the writ petition. Learned counsel appearing for the informant/respondent No.4 Shri Aditya Vikram Singh and Shri Manav Gupta did not dispute the submissions made by learned counsel for the petitioners.

Accordingly, the writ petition is disposed of with the direction to the police authorities to follow the mandate as provided by Hon'ble Supreme Court in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.

Registry is directed to return copy of the original compromise to the learned counsel for the petitioners, by retaining photocopy of the same on record, on an application being made in this regard, which shall be produced before the Investigating Officer by the petitioners.

Order Date :- 11.5.2023

ML/-