RAJESH KUMAR YADAV @ RAJESH YADAV AND 5 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/2698/2025 · 2025-02-13
Vivek Kumar Birla, Y K Srivastava
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 17107 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17107 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:20609-DB
Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 2698 of 2025 Petitioner :- Rajesh Kumar Yadav @ Rajesh Yadav And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Shukla,Bagish Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard Shri Bagish Kumar Tiwari, learned counsel for the petitioners and Shri Amit Sinha, learned A.G.A. I for the State respondents.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 16.11.2024 registered as Case Crime No. 0556 of 2024, under Sections 498A, 323, 504, 506, 354 IPC and Section 3/4 D.P. Act, Police Station Cantt. District Bareilly and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
3. Although prayer for quashing of FIR has been made but without insisting on the same only 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 without interfering in the same, 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 :- 13.2.2025 Nitendra Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad