Dismissed

Bharat Julka and 2 Others v. State of U P and 3 Others

Allahabad HC27 Sept 2021CRLP/1469/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking quashing of an FIR and direction to police not to arrest. The Court held that guidelines from its own previous judgment, based on the Supreme Court, applied, and disposed of the petition accordingly.

What did the court decide?

Petition disposed of in light of the judgment dated 28.01.2021 in Vimal Kumar and 3 others vs. State of UP; directions to police under Section 41-A Cr.P.C. not granted.

Bharat Julka and 2 Others Vs State of U P and 3… — Criminal Trial and Appeal | Allahabad HC (2021)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1469 of 2021

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Petitioner :- Bharat Julka And 2 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Sanjay Kumar Yadav,Shri Ram Yadav Counsel for Respondent :- G.A.,Ashish Kumar Singh

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.

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The instant petition has been filed by the petitioners with the following prayers :-

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"(i) issue a writ order or direction in the nature of certiorari quashing the impugned First Information Report in Case Crime No. 0322 of 2019, under Sections 498A, 323, 504,506 IPC, and 3/4 D.P. Act, P.S. - Mahila Thana, District - Prayagraj.

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(ii) issue a writ order or direction in the nature of mandamus commanding the local police not to arrest of the petitioners in Case Crime No. 0322 of 2019, under Sections 498A, 323, 504, 506 IPC, and 3/4 D.P. Act, P.S. - Mahila Thana, District - Prayagraj."

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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 Section 41-A Cr.P.C. The petitioners have been wrongly implicated and could not be arrested. Learned counsel for the petitioners has placed reliance on the judgement of this Court dated 28.01.2021 in Criminal Misc. Writ Petition No.17732 of 2020 (Vimal Kumar and 3 others vs. State of UP and 3 others) in which guidelines have been framed following the judgement of the Apex Court in different cases, relating to offences providing punishment of seven years or less.

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We have gone through the impugned first information report and we are of the opinion that the guidelines framed by this Court in the above noted judgement are equally applicable to the facts of the instant case.

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Accordingly, the instant petition also stands disposed of in terms of judgement dated 28.01.2021 in Criminal Misc. Writ Petition No.17732 of 2020 Vimal Kumar and 3 others vs. State of UP and 3 others.

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Order Date :- 27.9.2021/vkg

Bharat Julka and 2 Others v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

Bharat Julka and 2 Others v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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