LAXMI TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.G.A. for the State.

(2.) The present writ petition has been preferred with the prayer to quash the impugned First Information Report dtd. 22/6/2022 registered as Case Crime No.0157 of 2022, under Ss. 406, 504, 506 I.P.C., Police Station-Gursaraya, District Jhansi, 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 of seven years, therefore the police authorities are bound to follow the procedure laid down under Sec. 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 and 3 others Vs. State of U.P. and 3 others in 2021 (2) ACR 1147.