Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 20399 of

2022

Petitioner :- Mursheed Khan @ Mursheedmiyan And 7 Others

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

Counsel for Petitioner :- Yadvendra Singh

Counsel for Respondent :- G.A.

Hon'ble Vivek Kumar Birla,J.

Hon'ble Saurabh Srivastava,J.

Heard Sri Yadvendra Singh, 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 31.07.2022

registered as Case Crime No. 0386 of 2022, under Sections

498-A, 323, 504, 506, 354 IPC and Section 3/4 D.P. Act, Police

Station Civil Lines, District Aligarh and for a direction to the

respondents not to arrest the petitioners 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

judgements of Apex Court in Arnesh Kumar Vs. State of

Bihar,