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Neutral Citation No. - 2025:AHC:57049-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 1971 of 2025 Petitioner :- Vimlesh Kumar Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prakash Tripathi Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Vipin Chandra Dixit,J.
1. Heard learned counsel for the petitioner and the learned AGA for the State.
2. Although prayer made in this writ petition is to restrain the respondents from taking coercive action against the petitioner pursuant to First Information Report dated 01.03.2024 registered as Case Crime No. 60 of 2024, under Sections 279, 304A of IPC, Police Station - Mau Aima, District - Ganga Nagar (Commissionerate Prayagraj) but at the time when the matter is taken up learned counsel for the petitioner confines his relief to grant of protection under section 41-A of Code of Criminal Procedure.
3. We have perused the the First Information Report which prima facie discloses cognizable offence and, therefore, the prayer made to restrain the respondents from taking coercive action against the petitioner pursuant to the aforesaid F.I.R. otherwise cannot be entertained in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315. 4.We are of the view that no interference is warranted.
5. However, considering the fact that all offences, mentioned in the present, are punishable with a term up to 7 years, therefore, authorities are directed to ensure the procedure of arrest as per the guidelines of Supreme Court enshrined in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273.
6. The writ petition is, accordingly, disposed of. Order Date :- 17.4.2025 Karan (Vipin Chandra Dixit, J.) (Siddhartha Varma, J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad