Kesar Singh v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 8035 of 2023 Petitioner :- Kesar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shri Krishna Mishra,Ajay Mishra Counsel for Respondent :- G.A.,Umesh Kumar Shukla Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Ajay Mishra, learned counsel for the petitioner, Shri Umesh Kumar Shukla, learned counsel for the informant as well as Shri G.P. Singh, 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 17.05.2023 registered as Case Crime No.0238 of 2023, under Sections 147, 406, 506 IPC, P.S. Dhoomanganj, District Prayagraj, and for a direction to the police not to arrest the petitioner in pursuance of impugned First Information Report.

¶3Vide order dated 31.05.2023, the matter was referred to the Mediation Centre and as per report of Mediation Centre dated

29.08.2023, the parties are not willing for mediation. Therefore, we proceed to decide the matter on merits.

¶4The submission is that all alleged offences are punishable with imprisonment upto seven years, therefore the police authorities are bound to follow the procedure as 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 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.

¶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 judgements 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 Shafique High Court of Judicature at Allahabad