Vinay Singh and Another v. State of U.P. Thru. Secy. Deptt. of Home, Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9827 of 2023 Petitioner :- Vinay Singh And Another Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home, Lko. And Others Counsel for Petitioner :- Mohammad Irfan Siddiqui Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

¶1Heard learned counsel for the petitioners and learned A.G.A. for the State-respondent nos.1 to 3.

¶2This writ petition has been filed with the following main prayer :- "a) Issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report dated

07.12.2023 lodged by opposite party no.3 in Case Crime No. (FIR No.) 700 of 2023, Under Sections-504, 506 I.P.C. at Police Station - Gomti Nagar, District - Lucknow, as well as in the nature of mandamus commanding the opposite party nos. 1 and 2 not to arrest the petitioner in the above case crime, the first information report is being annexed as Annexure no.1 to the writ petition."

¶3It has been submitted by learned counsel for the petitioners that all the offences that are now being invoked against the petitioner s carry sentence of upto 7 years of imprisonment. Therefore, they are entitled for benefit of judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273.

¶4Learned AGA has produced before this Court instructions sent by Sub-Inspector Sandeep Kumar from police station Gomtinagar, District Lucknow dated 21.12.2023 and the same is taken on record. In the said instructions it has been stated that notice was issued to the petitioners and the Investigating Officer had also gone to their house but the petitioners could not be found and therefore, the statement could not be taken.

¶5The writ petition is, accordingly, disposed of with a direction to the petitioners to approach the Sub-Inspector Sandeep Kumar from police station Gomtinagar, District Lucknow on 04.01.2024 between 10 a.m. to 2 p.m., whereafter the Sub-Inspector Sandeep Kumar from police station Gomtinagar, District Lucknow shall then take an appropriate decision in the matter.

¶6Till the petitioners-Vinay Singh and Vivek Singh, appear before the Sub-Inspector Sandeep Kumar from police station Gomtinagar, District Lucknow and their statements are recorded under Section 161 Cr.P.C., they shall not be arrested in pursuance of the impugned F.I.R.. Order Date :- 22.12.2023 Arnima High Court of Judicature at Allahabad, Lucknow Bench