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Man Accused Of Burning Copies Of Ramcharitmanas| 'Follow S. 41A CrPC Mandate, Arnesh Kumar Guidelines': Allahabad HC To Police
Sparsh Upadhyay
6 Feb 2023 9:47 PM IST
While dealing with the writ plea of a man accused of burning the copies of Ramcharitmanas, the Allahabad High Court has directed the police authorities to follow the mandate of Section 41A CrPC and also the directions issued by the Supreme Court in Arnesh Kumar v. State of Bihar.The bench of Justice Devendra Kumar Upadhyaya and Justice Narendra Kumar Johari however denied to quash the FIR...
While dealing with the writ plea of a man accused of burning the copies of Ramcharitmanas, the Allahabad High Court has directed the police authorities to follow the mandate of Section 41A CrPC and also the directions issued by the Supreme Court in Arnesh Kumar v. State of Bihar.
The bench of Justice Devendra Kumar Upadhyaya and Justice Narendra Kumar Johari however denied to quash the FIR filed against Accused Mahendra Pratap Singh who has been booked under Sections 120-B, 142, 143, 153-A, 295, 295-A, 298, 504, 505(2), 506 I.P.C.
#AllahabadHighCourt directs authorities to follow the Arnesh Kumar Case Guidelines and the mandate of Section 41A CrPC in the case against a man accused of burning copies of #Ramcharitmanas.#रामचरितमानस pic.twitter.com/ogBHMh5PHl
— Live Law (@LiveLawIndia) February 6, 2023
It may be noted that as per the Arnesh Kumar judgment, the arrest should be the exception where the offence is punishable with less than 7 years imprisonment, and notice for appearance under Section 41A CrPC should be served on the accused in such cases instead of arrest. The arrest can be made in exceptional circumstances in such cases, but the reasons have to be recorded in writing.
Though the accused had moved the writ plea challenging the FIR against him, when the matter came before the Court, the senior counsel appearing for the petitioner confined his prayer to issuing directions to the police authorities to follow the mandate of Section 41A CrPC.
In view of the same, the Court disposed of the matter by issuing the following order:
"Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 41A, Cr.P.C. and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273."
It may be noted that as per the FIR registered against 10 persons and other unknown people, the allegations against the accused are that he, along with other persons tore the copies of Ramcharitmanas and burnt them in a public place by trampling the same under their feet and shouted slogans in support of former minister Swami Prasad Maurya and made lewd comments against those who believe in Ramcharitmanas.
The controversy pertaining to Ramcharitmanas arose after Samajwadi Party leader Swami Prasad Maurya, in a statement, allegedly claimed that certain chaupayi of the Ramcharitmanas insult a large section of society on the basis of caste and further demanded that these be banned. He also claimed that it also promoted social discrimination.
Appearances
Counsel for Petitioner: Senior Advocate Jyotindra Misra along with advocates Pradeep Kumar Shukla, AnjaniKumar Dvivedi, Mayank Dwivedi
Counsel for Respondent: G.A.
Case title - Mahendra Pratap Singh vs. State Of U.P. Thru. Secy. Home U.P. Civil Secrett. Lko. And Others
Case Citation: 2023 LiveLaw (AB) 50
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