Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 1067 of 2023

Petitioner :- Shree Narain Rajpoot And 2 Others

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Om Shiv

Counsel for Respondent :- G.A.

Hon'ble Vivek Kumar Birla,J.

Hon'ble Saurabh Srivastava,J.

Heard Sri Om Shiv, 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 05.06.2022, registered as Case

Crime No. 178 of 2022, under Sections 323, 504, 506 P.S.Mangalpur,

District Kanpur Dehat 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 judgement 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