Rahul Bind and 4 Others v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 4760 of 2023 Petitioner :- Rahul Bind And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Yadav,Raj Kishore Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Anil Kumra Yadav, learned counsel for the petitioners and Shri Vivek Kumar Shukla, 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 24.02.2023, registered as Case Crime No. 0044 of 2023, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, P.S. Saraimamrej, District Prayagraj and for a direction to the police not to arrest the petitioners in pursuance of impugned First Information Report.

¶3While entertaining the present petition, an interim order dated

28.03.2023 was passed by this Court and notices were issued. As per office report, notice has been duly served on respondent no. 4, but no one is present on behalf her behalf. The State has also not filed any counter affidavit.

¶4We find that no fruitful purpose would be served in keeping this petition pending as in the facts and circumstances of the case cognizable offence is made out, however, the offences are covered under Section 41-A Cr.P.C.

¶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 judgements as noted above. Order Date :- 13.12.2023 Shafique High Court of Judicature at Allahabad