Rajnikant Pandey v. State of U.P. and 2 Others

Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 22825 of 2024 Petitioner :- Rajnikant Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Pratap Pal Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard learned counsel for the petitioner, learned AGA for the State and perused the record.

¶2Although, the prayer made in this writ petition is to quash the FIR dated 02.12.2024 registered as Case Crime No.0375 of 2024, Under Sections 60, 63 U. P. Excise Act, Section 61 (2), 319 (2), 318 (4), 338, 111 Bharatiya Nyaya Sanhita (B.N.S.), Sikandarpur, District Ballia, but when the matter has been taken up, learned counsel for the petitioner has submitted that offences, complained of, are punishable only up to seven years and therefore, before effecting the arrest of the petitioner, specific provisions contained in Section 41(1)(b) and Section 41-A of CrPC/ Section 35(3) to 35(7) of Bhartiya Nagarik Suraksha Sanhita, 2023 be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments.

¶3We have perused the FIR, which prima facie discloses cognizable offences against the petitioner and therefore, the prayer made to quash the FIR cannot be entertained in view of law laid down by Hon'ble Apex Court in the cases of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and as such, we are of the view that no interference is warranted.

¶4However, considering the fact that all the offences, complained of in the impugned FIR, are punishable with a term up to seven years, therefore, in case of effecting the arrest of the petitioner in pursuance of the impugned FIR, it is directed that the respondents/ authorities shall ensure that the specific provisions contained in Section 41(1)(b) and Section 41-A of CrPC/ Section 35(3) to 35(7) of Bhartiya Nagarik Suraksha Sanhita, 2023 and the guidelines issued by Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 as well as the directions issued in judgement and order dated 28.01.2021 of this Court passed in Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and 3 Others Vs. State of U.P. and 3 Others) reported in 2021 (2) ACR 1147, be strictly complied with.

¶5With the aforesaid observations, the instant writ petition stands disposed of. Order Date :- 19.12.2024 NLY High Court of Judicature at Allahabad