Nadeem @ Mohd. Nadeem and 6 Others v. State of U.P. and 3 Others

Allahabad HC18 Aug 2021CRLP/5605/2021

Case brief

AI extract

What is this about?

In this criminal miscellaneous writ petition, the Supreme Court applied guidelines from an earlier Vimal Kumar judgment to order the disposal of the petition against allegations punishable with seven years or more imprisonment, thereby ordering the release of the petitioners and prohibiting their arrest in compliance with the relevant CrPC procedure.

What did the court decide?

The petition was disposed of in terms of the Vimal Kumar judgment (Criminal Misc. W.P. No. 17732 of 2020), applying guidelines regarding arrest procedure for offences of seven years or more punishment

Nadeem @ Mohd. Nadeem and 6 Others Vs State of U.P. and 3… — Quashing and FIR | Allahabad HC (2021)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5605 of 2021

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Petitioner :- Nadeem @ Mohd. Nadeem And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Atif Counsel for Respondent :- G.A.,Omar Zamin

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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 Staterespondents.

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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 20.06.2021 in Case Crime No. 230 of 2021, under Sections 147, 323, 504, 506 I.P.C. and section 3/4 D.P. Act, P.S. Ghoorpur, 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 the impugned FIR dated 20.06.2021 in Case Crime No. 230 of 2021, under Sections 147, 323, 504, 506 I.P.C. and section 3/4 D.P. Act, P.S. Ghoorpur, 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 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 :- 18.8.2021 T.S.

Nadeem @ Mohd. Nadeem and 6 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Nadeem @ Mohd. Nadeem and 6 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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