IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.5469 OF 2024 (Arising out of S.L.P.(Criminal) No.9214 of 2023)
SHANTANU RAI ... APPELLANT(S)
VS.
STATE OF UTTAR PRADESH & ORS. ... RESPONDENT(S)
O R D E R
Leave granted.
Heard the learned counsel appearing for the
appellant and the learned counsel appearing for
respondent Nos. 1 to 3. Despite service of notice, none
appeared on behalf of respondent No.4.
The appellant filed a Writ Petition before the High
Court of Judicature at Allahabad, Lucknow Bench seeking
quashing of the First Information Report registered for
the offences punishable under Section 505(1)(b) of the
Indian Penal Code, 1860 and Section 66 of the Information
Technology (Amendment) Act, 2008. By the impugned order,
while granting the benefit of pre-arrest bail on the
basis of a decision of this Court in the case Arnesh
Kumar v. State of Bihar1, the High Court has not even
considered the merits of the prayer for quashing.
1. (2014) 8 SCC 273
1
Therefore, we set aside the impugned order dated
19th May, 2023 and restore Criminal Miscellaneous Writ
Petition No.3850 of 2023 to the file of the High Court of
Judicature at Allahabad, Lucknow Bench, Lucknow. However,
the protection granted to the appellant against arrest
will continue to operate. The restored Writ Petition
shall be lis...