Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12439 of 2021 Petitioner :- Om Prakash Mishra And Another Respondent :- State Of U.P And 2 Others Counsel for Petitioner :- Paritosh Kumar Malviya Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,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 02.08.2021 registered as Case Crime No. 231 of 2021, under Sections 419, 420, 406, 504 I.P.C., Police Station- Gauri Bazar, District- Deoria, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
Learned counsel for the petitioner contended that no offence has been made out against the petitioners. He submits that even if it is taken to be true, no offence under Sections 419, 420, 406 IPC has been made out against the petitioners. It is further submitted that role of present petitioners is different from co-accused Jai Prakash Mishra even as per the allegation made in the 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.
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 noted above.
Order Date :- 22.12.2021 A.Kr.