Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12431 of 2021 Petitioner :- Shivam Kumar Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Om Prakash Shukla Counsel for Respondent :- G.A.,Ashish Kumar Mishra
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioners as well as learned A.G.A. for the State respondents and Sri Ashish Kumar Mishra, learned counsel for the respondent no. 4.
The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 27.10.2021 registered as Case Crime No. 0520 of 2021, under Sections 147, 323, 504, 506, 342, 354 IPC and Sections 3(1)(s), 3 (1)(r) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, PS Badagaon, District Varanasi, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
Challenging the impugned first information report, submission is that in fact small quarrel has taken place between the petitioner and some boys and the informant and some other girls after all were returning from "Banaras Khelo Pratiyogita". It is submitted that all the persons involved are students and as such, in fact no offence has been made out.
Learned AGA as well as learned counsel for the respondent no. 4 opposed the prayer for quashing of the FIR, which discloses cognizable offence.
However, at this stage, learned counsel for the petitioner submits that 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.
Order Date :- 22.12.2021 Abhishek