Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 12981 of

2021 Petitioner :- Praveen Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Mandeep Singh Counsel for Respondent :- G.A.

Hon'ble Suneet Kumar,J.

Hon'ble Shree Prakash Singh,J.

Heard Sri Mandeep Singh, learned counsel for the petitioner 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 22.9.2021 registered as Case Crime No. 128 of 2021, under Sections 452, 354B I.P.C. and Section 7/8 of POCSO Act, P.S. Jahangirpur, District Bulandshahr, 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 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 Justic