Disposed

Anwar Ali Pintu @ Anwar Ali and 7 Others v. State of U.P. and 3 Others

Allahabad HC1 Oct 2021CRLP/8391/2021

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This court disposed of a writ petition seeking quashing of an FIR and restraining arrest. The court held that guidelines framed in a prior judgment (dated 28.01.2021 in Crl. Misc. W.P. No. 17732 of 2020 Vimal Kumar) were equally applicable to the facts of the instant case involving offenses punishable with seven years imprisonment.

What the court decided

AI extract

Anwar Ali Pintu @ Anwar Ali and 7 Others Vs State of U.P… — Bail and Remand | Allahabad HC (2021)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8391 of 2021

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Petitioner :- Anwar Ali Pintu @ Anwar Ali And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,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 30.08.2021 in Case Crime No. 0565 of 2021, under Sections 498A, 323, 506 I.P.C. and section 3/4 D.P. Act, Police Station Etmadaula, District Agra.

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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 30.08.2021 in Case Crime No. 0565 of 2021, under Sections 498A, 323, 506 I.P.C. and section 3/4 D.P. Act, Police Station Etmadaula, District Agra".

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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 :- 1.10.2021 T.S.

Anwar Ali Pintu @ Anwar Ali and 7 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What the court decided

Anwar Ali Pintu @ Anwar Ali and 7 Others v. State of U.P. and 3 Others

Case brief

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What the court decided

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