Mohd. Naseem and 3 Others v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 16025 of 2023 Petitioner :- Mohd. Naseem And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Monika Pal Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Ms. Monika Pal, learned counsel for the petitioners, Shri Vivek Shukla, learned A.G.A. for the State-respondents.

¶2The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 4.9.2023 registered as Case Crime No.0152 of 2023, under Sections 498A, 323, 354(ka), 504, 506 IPC, P.S. Gwaltoli, District Kanpur Nagar, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

¶3Learned counsel for the petitioner is permitted to carry out amendment in the array of party as already permitted by this Court vide order dated 11.10.2023, during the course of the day.

¶3The 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 judgement 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 in Satendra Kumar Antil vs. Central Bureau of Investigation and Another

(2022) 10 SCC 51 and co-ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021

(2) ACR 1147.

¶4We 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 judgement are equally applicable to the facts of the instant case.

¶5Accordingly, the instant petition also stands disposed off in terms of the judgements as noted above. Order Date :- 19.10.2023 Anil K. Sharma High Court of Judicature at Allahabad