Rajnish Kumar @ Munna v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17322 of 2023 Petitioner :- Rajnish Kumar @ Munna Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Sahu,Praveen Kumar Srivastava Counsel for Respondent :- G.A.,B.N.Singh,Santosh Kumar Singh Hon'ble Vivek Kumar Birla,J. Hon'ble Anish Kumar Gupta,J.

¶1Heard Sri Arvind Kumar Sahu, learned counsel for the petitioner, learned A.G.A. for the State respondents as well as Sri B.N. Singh, learned counsel for the informant.

¶2The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 03.09.2023 registered as Case Crime No.0724 of 2023, under Sections 420, 406, 504, 506 IPC, Police Station Kotwali Orai, District Jalaun and for a direction to the police not to arrest the petitioner in pursuance of impugned First Information Report.

¶3The 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.

¶4In view of the fact that all the offences are covered under Section 41-A Cr.P.C., we find that there is no interest to take the counter affidavit proposed to be filed by the informant on record.

¶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 judgments as noted above. Order Date :- 17.11.2023 Atul High Court of Judicature at Allahabad