Dismissed

Vinod Kumar Maurya @ Vinod Kumar Kushwaha and 5 Others v. State of U.P. and 2 Others

Allahabad HC25 Aug 2021CRLP/4920/2021

Case brief

AI extract

What is this about?

This bench dismissed a criminal miscellaneous writ petition seeking to quash an FIR and restrain arrests. The court held that guidelines framed in a prior judgment regarding offenses punishable with seven years imprisonment were equally applicable to the instant facts and disposed of the petition in terms of that earlier order. No separate reasoning was provided.

What did the court decide?

The instant petition was disposed of in terms of the judgment dated 28.01.2021 in Criminal Misc. Writ Petition No.17732 of 2020.

Vinod Kumar Maurya @ Vinod Kumar Kushwaha and 5 Others Vs… — Quashing and FIR | Allahabad HC (2021)

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Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 4920 of 2021 Petitioner :- Vinod Kumar Maurya @ Vinod Kumar Kushwaha And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabha Shanker Mishra Counsel for Respondent :- G.A.

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.

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Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents.

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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 to quash the impugned FIR dated 24.06.2021 in Case Crime No. 491 of 2021, under Sections 147, 149, 323, 504, 506, 452, 427 I.P.C., Police Station Nawabganj, District Prayagraj.

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(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in pursuance of theimpugned FIR dated 24.06.2021 in Case Crime No. 491 of 2021, under Sections 147, 149, 323, 504, 506, 452, 427 I.P.C., Police Station Nawabganj, 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 41A 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 judgment of Apex Court in different cases, relating to offenses 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 :- 25.8.2021 T.S.

Vinod Kumar Maurya @ Vinod Kumar Kushwaha and 5 Others v. State of U.P. and 2 Others

Case brief

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Vinod Kumar Maurya @ Vinod Kumar Kushwaha and 5 Others v. State of U.P. and 2 Others

Case brief

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