Court No. - 52

Case :- CRIMINAL MISC. WRIT PETITION No. - 11392 of 2021

Petitioner :- Tirath Maharaj

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

Counsel for Petitioner :- Vivek Singh

Counsel for Respondent :- G.A.

Hon'ble Vivek Kumar Birla,J.

Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the petitioner as well as 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 11.11.2021 registered as Case

Crime No. 0146 of 2021, under Sections 29, 35(6), 27 of Wild Life

(Protection) Act 1972 and Sections 3 & 4 of the Mines and Minerals

(Regulation and Development) Act, 1957 and Sections 379 & 411 IPC, PS

Koirauna, District Bhadohi, 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 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 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 :- 10.12.2021

Abhishek