Disposed

Neme Singh Nd 4 Others v. State of U.P. and 3 Others

Allahabad HC17 Aug 2021CRLP/5519/2021

Case brief

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What is this about?

This court disposed of a writ petition seeking quashing of an FIR and an order restraining arrest. The court observed that guidelines framed in VIC-1415 were applicable and disposed of the petition accordingly without issuing a specific order.

What did the court decide?

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

Neme Singh Nd 4 Others Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2021)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5519 of 2021

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Petitioner :- Neme Singh Nd 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shravan Kumar 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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The instant petition has been filed by the petitioners with the following prayers :-

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"(I) To issue order or direction in the nature of the certiorari to quash the information report on 17.03.2021 is malicious, falls and fabricated so the first Information report on 17.3.2021 case crime no.0086 of 2021 under section 498-A, 504, 323 and 506 I.P.C. and ¾ D.P. Act P.S. Dolana Districts Kasganj (Annexure no.1.

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(II) To issue writ order or direction in nature of the mandamus commanding the respondent no.3 to not arrest to the petitioners in case crime no.0086 of 2021 under section 498-A, 504, 323 and 506 I.P.C. and ¾ D.P. Act P.S. Dolana Districts Kasganj which has been lodged by the respondent no.4 against the petitioners"

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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 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 :- 17.8.2021

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NLY

Neme Singh Nd 4 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Neme Singh Nd 4 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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