Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 999 of 2023

Petitioner :- Pradeep

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

Counsel for Petitioner :- Gaurav Singh Chauhan,Anoop Singh

Counsel for Respondent :- G.A.

Hon'ble Vivek Kumar Birla,J.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the petitioner and Ms. Nand Prabha Shukla,

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 18.02.2019 registered as Case

Crime No. 202 of 2019, under Sections 489-C IPC, Police Station

Sikandrabad, District Bulandshahar 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 petitioner

has 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, (2014) 8 SCC 273 and Social Action Forum for Manav Adhikar

Vs. Union of India, Ministry of Law and Justice and others in Writ

Petition (Civil) No. 73 of 2015 with Criminal Appeal No. 1265 of 2017

Writ Petition (Criminal) No. 156 of 2017, Satendra Kumar Antil Vs.

Central Bureau of Investigating and another (2022) 10 SCC 51 and co-

ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs.

State of U.P. & 3 others in 2021 (2) ACR 1147.

We have gone through the impugned first information report and we are of

the opinion that the guidelines framed by the Apex Court in the above

noted judgement are equally applicable to the facts of the instant case.

Accordingly, the instant petition also stands disposed of in terms of the

judgements as noted above.

Order Date :- 1.2.2023

Vivek Kr.

Digitally signed by :-

VIVEK KUMAR

High Court of Judicature at Allahabad