In this criminal miscellaneous writ petition, the High Court of Allahabad disposed of the petition in terms of the Vimal Kumar judgment, ordering quashing of an FIR and directing against coercive action.
Quashing of FIR dated 16.5.2021 (Crime No.195 of 2021) and direction not to arrest or adopt coercive action against the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 4486 of 2021
Petitioner :- Salman Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Maohammd Nadeem,Ashish Kumar Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The instant petition has been filed by the petitioner with the following prayers :-
"I- Issue a writ, order of direction in the nature of certiorari to quash the impugned F.I.R. dated 16.5.2021 in Case Crime No.195 of 2021 registered at Police Station- Fatehgarh Kotwali, District: Farrukhabad, under Section 506, IPC (Annexure No. 1 to the writ petition).
II- Issue a writ, order or direction in the nature of mandamus directing to the respondents not to arrest the petitioner in pursuance of the impugned F.I.R. and not adopt any coercive action against the petitioner."
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 41A Cr.P.C. The petitioner has been wrongly implicated and could not be arrested. Learned counsel for the petitioner 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 the said judgement, a coordinate Bench in which one of us (Hon'ble Gautam Chowdhary, J.) was a member, has framed various guidelines to
be followed during investigation of offence under Section 498A IPC. These guidelines have been framed following the judgement of the Apex Court in different cases.
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.
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.
Order Date :- 7.7.2021 shiv
Digitally signed by Justice Surya Digitally signed by Justice Gautam Prakash Kesarwani Chowdhary Date: 2021.07.08 11:22:14 IST Date: 2021.07.08 11:23:53 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
2 issues framed by the court
Whether the impugned FIR should be quashed under the guidelines framed in Vimal Kumar case.
Whether police authorities are bound to follow Section 41A Cr.P.C. procedure given the quantum of sentence.
Colour shows how this judgement treated each authority
Vimal Kumar and 3 others vs. State of UP and 3 othersFollowed¶9
Criminal Misc. Writ Petition No.17732 of 2020 Vimal Kumar and 3 others vs. State of UP and 3 others
3 provisions across 2 enactments
Salman
State Of U.P.
2 Others
Surya Prakash Kesarwani
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
