Faisal Alias Mohd Faisal Kabadi vs State Of Up And 3 Others
2024 Latest Caselaw 2973 ALL

Allahabad High Court

Faisal Alias Mohd Faisal Kabadi vs State Of Up And 3 Others on 2 February, 2024

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:18838-DB
 
Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1070 of 2024
 

 
Petitioner :- Faisal Alias Mohd Faisal Kabadi
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Siraj Ahmad Khan,Vikrant Bhati
 

 
Hon'ble Mahesh Chandra Tripathi,J.
 

Hon'ble Gajendra Kumar,J.

1. Heard learned counsel for the petitioner; learned A.G.A. for the State respondents and Shri Gauri Shankar Yadav appears for Electricity Department.

2. Present writ petition has been preferred for quashing the First Information Report dated 9.1.2023, registered as Case Crime No.6 of 2023 under Section 379 IPC, P.S. Jahangirabad, Distt. Bulandshahar, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.

3. On the matter being taken up today, this much is informed that in the present matter proceeding under Section 379 IPC has been dropped and at present only the proceeding under Section 136 E.C. Act is going on.

4. Although the prayer for quashing of FIR has been made, but without insisting on the same, only 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 judgement of Hon'ble the Apex Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273; 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; Satendra Kumar Antil vs. Central Bureau of Investigation and Another (2022) 10 SCC 51 and the judgment of co-ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. & 3 others, 2021 (2) ACR 1147.

5. We have gone through the impugned first information report and without interfering in the same, we are of the opinion that the guidelines framed by Hon'ble the Apex Court in the above noted judgements are equally applicable to the facts of the instant case.

6. Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above.

Order Date :- 2.2.2024

SP/