Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12171 of 2021 Petitioner :- Raj Kumar Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahendra Kumar Shukla Counsel for Respondent :- G.A.,Akhilesh Kumar Mishra,Rashmi Upadhyay
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard Sri Mahendra Kumar Shukla, learned counsel for the petitioner, learned A.G.A. for the State and Sri Akhilesh Kumar Mishra, learned counsel appearing for the informant, who states that he has already filed his vakalatnama on his behalf in the office.
The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 28.11.2021 registered as Case Crime No. 0258 of 2021, under Sections 323, 504, 506 I.P.C. and Sections 3(1) (Da), 3(1) (Dha) & 3(2)(Va) of SC/ST (Prevention of Atrocities Act, 1989 (Amendment Act, 2015), P.S. Rudhauli, District Basti, 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 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 as noted above.
Order Date :- 16.12.2021 Ram Murti