RAM KUMAR SONI AND 7 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/5521/2025 · 2025-06-27
Alok Mathur, Arun Kumar Singh Deshwal
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 147599 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147599 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36759-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5521 of 2025 Petitioner :- Ram Kumar Soni And 7 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Ashish Kumar Singh Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Ashish Kr. Singh, learned counsel for the petitioners and learned A.G.A. for the State respondents.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 11.6.2025, registered as Case Crime No. 468 of 2025, under Sections 189(2), 329(3), 324(2), 351(3) B.N.S., P.S. Kotwali Nagar, District Gonda and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
3. The submission is that all alleged offences are punishable with imprisonment upto 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, Satendra Kumar Antil vs. Central Bureau of Investigation and Another, (2022) 10 SCC 51 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.
4. 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.
5. Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above. Order Date :- 27.6.2025 Vandana (Arun Kumar Singh Deshwal,J) (Alok Mathur,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad, Lucknow Bench