Dr. Sheik Rahul Raja and 5 Others v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 5230 of 2023 Petitioner :- Dr. Sheik Rahul Raja And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yatharth Nath Pathak Counsel for Respondent :- G.A.,Hari Narayan Singh Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Y.N. Pathak, learned counsel for the petitioners, Shri H.N. Singh, learned counsel for the informant as well as Shri Virendra Kumar Pal, 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 11.03.2023 registered as Case Crime No.0058 of 2023, under Sections 498A, 406, 323, 504 IPC, Sections 3 and 4 of D.P. Act and Section 3 & 4 of the Muslim Women (Protection of Rights on Marriage) Act, P.S. Uruwa Bazar, District Gorakhpur, and for a direction to the police not to arrest the petitioners in pursuance of impugned First Information Report.

¶3Vide order dated 27.08.2023, the matter was referred to Mediation Centre and as per report of Mediation Centre dated

09.08.2023, mediation completed and there is no agreement to settle the dispute. In such view of the matter, we proceed to hear 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 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.

¶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