Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12326 of 2021 Petitioner :- Manish Mogha And 2 Others Respondent :- State Of U.P Thru Secretary Home Govt. Up. Lknw. And 2 Other Counsel for Petitioner :- Dharmendra Kumar Mishra,Pardeep Kumar Counsel for Respondent :- G.A.,Prateek Kumar Digitally signed by VIVEK KUMAR BIRLA Date: 2021.12.22 11:15:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard Sri Dharmendra Kumar Mishra, learned counsel for the petitioners, learned A.G.A. for the State and Sri Prateek Kumar, learned counsel for the respondent no.3.
The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 27.10.2021 lodged by respondent no.3 as Case Crime No. 523 of 2021, under Sections 420, 120B, 197, 203 I.P.C., P.S. Sadar Bazar, District Saharanpur, 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. It is further submitted that punishment under Section 197 I.P.C. would be covered by the provisions of Section 193 I.p.C. which are below seven years.
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 judgements are equally applicable to the facts of the instant case.
Accordingly, the instant petition also stands disposed of in the light of the judgments as noted above.
Order Date :- 21.12.2021 Ram Murti Digitally signed by SHREE PRAKASH SINGH Date: 2021.12.22 11:16:17 IST Reason: Document Owner Location: High Court of Judicature at Allahabad