Mohd. Khalid Khan v. State of U.P. and 2 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 16941 of 2023 Petitioner :- Mohd. Khalid Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Tahira Kazmi,Saiful Islam Siddiqui Counsel for Respondent :- G.A.,Mohd Imran Khan,Mohd. Ibrar Khan Hon'ble Vivek Kumar Birla,J. Hon'ble Anish Kumar Gupta,J.

¶1Supplementary affidavit filed today is taken on record.

¶2Heard Sri Saiful Islam Siddiqui, learned counsel for the petitioner as well as learned A.G.A. for the State respondents and Mohd. Imran Khan, learned counsel for the informant.

¶3The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 1.10.2023, registered as Case Crime No. 0212 of 2023, under Sections 380, 427, 504, 506 IPC, PS Gahmar, District Ghazipur, 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 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.

¶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 :- 17.11.2023 Abhishek High Court of Judicature at Allahabad