Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12447 of 2021 Petitioner :- Monish Qureshi And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard Sri Ajay Kumar Mishra, 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 3.12.2021 registered as Case Crime No. 313 of 2021, under Sections 506 I.P.C. and Section 67 of Information Technology Act, 2008, P.S. Saidnagali, District Amroha, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
Drawing our attention to the Judgment and order dated 19.11.2021 passed by this Court in Criminal Misc. Writ Petition No. 12594 of 2020 it is submitted that earlier First Information Report dated 26.10.2020 lodged by the father of the respondent no.4, registered as Case Crime No. 264 of 2020 has been quashed by this Court and subsequently, with ulterior motive present F.I.R. has been filed by the respondent no.4. Further 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.
Learned A.G.A. and Sri Anwar Hussain and Sri Sunil Kumar Chaturvedi, opposed the prayer made in the petition.
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 :- 22.12.2021 Ram Murti