Rishi Yadav (Minor) and Another v. State of U.P. and 2 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17293 of 2023 Petitioner :- Rishi Yadav (Minor) And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Dixit Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Sri Ranjeet Verma alongwith Sri Rahul Chaudhary, learned counsel has moved their Vakalatnama on behalf of respondent no. 3, which is taken on record.

¶2Heard Sri Arvind Kumar Dixit, learned counsel for the petitioners, Sri Ranjeet Verma alongwith Sri Rahul Chaudhary, learned counsel for the respondent no. 3 and Sri Ratan Singh, learned A.G.A. for the State respondents.

¶3The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 29.09.2023, registered as Case Crime No. 274/2023, under Sections 341, 323, 504, 506 IPC & section 3(1)(da), 3(1)(gha) S.C./S.T. Act, P.S. Achchalda, District Auraiya and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

¶4The submission is that 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 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, 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.

¶5We 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.

¶6Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above. Order Date :- 3.11.2023 Vibha High Court of Judicature at Allahabad