Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 20411 of

2022

Petitioner :- Inam And 3 Others

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Manoj Kumar Dubey,Mukesh Kumar

Upadhyay

Counsel for Respondent :- G.A.

Hon'ble Vivek Kumar Birla,J.

Hon'ble Gajendra Kumar,J.

Heard learned counsel for the petitioners and learned A.G.A. for

the State respondents.

The present writ petition has been preferred with the prayer to

quash the impugned First Information Report dated 04.06.2022

registered as Case Crime No.0281 of 2022, under Sections 420,

406, 504, 506 IPC, P.S. Gangoh, District Saharanpur and for a

direction to the respondents not to arrest the petitioner in

pursuance of impugned First Information Report.

The submission is that all alleged offences are punishable with

imprisonment of 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