Mohd. Anas And 6 Others vs State Of U.P. And 2 Others
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Allahabad High Court

Mohd. Anas And 6 Others vs State Of U.P. And 2 Others on 1 May, 2025

Author: Vivek Kumar Birla

Bench: Vivek Kumar Birla

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:68590-DB
 
Court No. - 43
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 8597 of 2025
 
Petitioner :- Mohd. Anas And 6 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Saiyad Iqbal Ahmed
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.
 

Hon'ble Jitendra Kumar Sinha,J.

1. Heard Sri Saiyad Iqbal Ahmed, learned counsel for the petitioner and Sri Jai Narain Rai, learned A.G.A. for State respondents.

2. This writ petition has been filed for quashing the impugned First Information Report dated 20.04.2025 registered as Case Crime No. 0046 of 2025, under Sections 85, 115(2), 351(2) of B.N.S. and Section 3/4 D.P. Act, P.S. Galshaheed, District Moradabad. A further prayer has been made to command the respondent no.2 not to arrest the petitioner in the aforesaid case.

3. All alleged offences are punishable with imprisonment of 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 Co-ordinate Bench of this Court in Vimal Kumar & 3 Others Vs. State of U.P. & 3 Others, 2021 (2) ACR 1147.

4. 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 instant case.

5. Accordingly, the instant petition also stands disposed of in terms of the judgments noted above.

Order Date :- 1.5.2025

RKM