Court No. - 65

Case :- CRIMINAL MISC. WRIT PETITION No. - 133 of

2022

Petitioner :- Smt. Mamta Yadav And 2 Others

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

Counsel for Petitioner :- Krishna Kumar Singh

Counsel for Respondent :- G.A.

Hon'ble Suneet Kumar,J.

Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the petitioners and learned A.G.A. for

the State.

The present writ petition has been preferred with the prayer to

quash the impugned First Information Report dated 8.11.2021

registered as Case Crime No. 936 of 2021, under Sections 420,

406, 504, 506 I.P.C., P.S. Civil Lines, District Moradabad and

for a direction to the respondent no.2 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