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. U