Sheelendra @ Bhoora v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 18027 of 2023 Petitioner :- Sheelendra @ Bhoora Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suneel Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Sunil Kumar Yadav, learned counsel for the petitioner and 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 13.10.2023, registered as Case Crime No. 263 of 2023, under Section 457 IPC, P.S. Awagarh, District Etah and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.

¶3Submission of learned counsel for the petitioner is that even if the version of the First Information Report are taken to be true, the offence would be covered in the First Part of Section 457 I.P.C., where maximum punishment is five years.

¶4Although prayer for quashing of FIR has been made but without insisting on the same only 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 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, 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 without interfering in the same, 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 :- 22.11.2023 Shafique High Court of Judicature at Allahabad