Ram Het @ Bhali v. State of U.P. Thru. Secy. Home Deptt., Lucknow and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9024 of 2023 Petitioner :- Ram Het @ Bhali Respondent :- State Of U.P. Thru. Secy. Home Deptt., Lucknow And Others Counsel for Petitioner :- Neeraj Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard learned counsel for the petitioner, learned A.G.A. for the State/respondents and perused the material placed on record. This writ petition has been filed with the following main prayers :- "(i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report dated

14.11.2023 lodged by the opposite party No.4 in Case Crime No.0433 of 2023 Under Section 354 (Kha), 323, 457, 506 I.P.C. Police Station - Kotwali Dehat, District-Sitapur contained in Annexure No.1 to this writ petition.

(ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties specially police authorities not to arrest of the petitioner on the basis of impugned First Information Report dated 14.11.2023 lodged by the opposite party no.4 in Case Crime No.0433 fo 2023 Under Sections 354

(Kha), 323, 457, 506 I.P.C. Police Station - Kotwali Dehat, District - Sitapur contained in Annexure No.1 to this writ petition." It has been submitted by learned counsel for the petitioner that all the sections invoked against the petitioner carry punishment up to 07 years and, therefore, petitioner is entitled to the benefit of judgment rendered in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273. We have gone through the F.I.R. It appears that the petitioner had tried to molest the informant and he did not desist from the same till such time that police help line number 112 was called. This Court finds no good ground to show interference in the matter. Accordingly, the writ petition is hereby dismissed. Order Date :- 28.11.2023 ML/- High Court of Judicature at Allahabad, Lucknow Bench