Mobeen and 3 Others v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 18590 of 2023 Petitioner :- Mobeen And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sushil Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Sri Sushil Kumar Mishra, learned counsel for the petitioners and learned A.G.A. for State respondents.

¶2This writ petition has been filed for quashing the impugned First Information Report dated 6.11.2023 registered as Case Crime No. 645 of 2023, under Sections 498A, 323, 504, 506 I.P.C and Section 3/4 of D.P. Act, P.S. Khutar, District Shahjahanpur. Further prayer has been made not to arrest the petitioner in the aforesaid case.

¶3Although 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 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, 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.

¶4We 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.

¶5Accordingly, the instant petition also stands disposed of in terms of the judgments noted above. Order Date :- 30.11.2023 P.Sri. High Court of Judicature at Allahabad