Mohd. Arif @ Lalu And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 27085 ALL

Citation : 2023 Latest Caselaw 27085 ALL
Judgement Date : 4 October, 2023

Allahabad High Court

Mohd. Arif @ Lalu And Others vs State Of U.P. Thru. Prin. Secy. ... on 4 October, 2023

Bench: Sangeeta Chandra, Narendra Kumar Johari





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:63847-DB
 
Court No. - 10
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7603 of 2023
 
Petitioner :- Mohd. Arif @ Lalu And Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And Others
 
Counsel for Petitioner :- Abdul Ahad
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

1. Heard the learned counsel for the petitioners and learned A.G.A. for the State-respondents.

2. This writ petition has been filed by the petitioners praying for issuance of a writ in the nature of certiorari quashing the First Information Report dated 12.07.2023 bearing FIR No.0202 of 2023 under Sections 143, 147, 341, 332, 353, 188 I.P.C. and Section 67 of Information Technology (Amendment) Act, 2008 police station Safipur, District Unnao and with a further prayer to stay the arrest of the petitioners.

3. It has been submitted by learned counsel for the petitioners that all the offences that are being invoked against the petitioners carry sentence of upto 7 years of imprisonment. Therefore, they are entitled for benefit of judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. It has further been submitted that atleast four persons have been arrested in the matter only because the informant in this case is a Sub-Inspector of police station Safipur, District Unnao.

4. This Court has perused the impugned F.I.R. and prima facie it appears that some video was uploaded of a qawwali programme which was being organized by the petitioners. Certain unsavory comments were made on social media relating to the said qawwali programme which has lead to registering of the impugned FIR. It also appears from perusal of impugned FIR that there was an attempt made to take over the police chauki. This Court hence finds no good ground to show interference as prayed in this petition.

5. The Writ Petition is, accordingly, dismissed.

(Narendra Kumar Johari, J.) (Mrs. Sangeeta Chandra, J.)

Order Date :- 4.10.2023

Arnima