Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12368 of 2021 Petitioner :- Kabir Lal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This petition has been filed with the prayer to quash the impugned F.I.R. dated 3.10.2021 registered as Case Crime No. 405 of 2021 under Sections 395, 384, 504, 506 I.P.C. Police Station Prem Nagar, District Bareilly. Further prayer is to direct the respondents from arresting the petitioner in pursuance of the aforesaid F.I.R.
At the very outset the learned counsel for the petitioners submitted that Criminal Misc. Writ Petition nos. 11784 of 2021 which has been filed by two accused has been disposed of by this Court on 15.12.2021 and the present matter is squarely covered by that order.
Learned A.G.A. on instructions submitted that Sections 395 and 384 I.P.C. have been dropped.
The order dated 15.12.2021 passed therein is quoted as under:-
"Supplementary affidavit placing on record the certified copies filed today is taken on record.
Heard Sri Adarsh Singh, learned counsel for the petitioners as well as learned A.G.A. for the State respondents and Sri Arvind Srivastava III, learned counsel for the respondent no. 4 and perused the record.
The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 3.10.2021 registered as Case Crime No. 0405 of 2021, under Sections 395, 384, 504, 506 IPC, PS Prem Nagar, District Bareilly, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
Learned AGA has produced a copy of the instructions dated 26.11.2021, which is taken on record, according to which Sections 395 and 384 IPC have been dropped and the name of the petitioner no. 2-Pradeep Singh has been expunged. The remaining sections are 504 and 506 IPC.
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."
In the facts and circumstances of the case, we do not find any good ground to take different view in the matter.
Accordingly, present petition is also disposed of in terms of the order quoted above.
Order Date :- 21.12.2021 Ram Murti