This criminal miscellaneous writ petition seeking quashing of an FIR and directions against arrest was disposed of by the Allahabad High Court. The bench relied on Supreme Court judgments to conclude that arrest would be wrong in the instant case.
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. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 10895 of 2022
Petitioner :- Ram Kunwar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyendra Kumar Mishra,Rajiv Kumar Mishra
Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J. Hon'ble Syed Waiz Mian,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 10.07.2022 registered as Case Crime No.238 of 2022, under Sections 147, 188 I.P.C. and Section 3/5 of Damages to Public Property Act, Police Station- Raunapar, District Azamgarh, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
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. Reliance has been placed on the judgement of Apex Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 and Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and others in Writ Petition (Civil) No. 73 of 2015 with Criminal Appeal No. 1265 of 2017 Writ Petition (Criminal) No. 156 of 2017 and co-ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147 .
We have gone through the impugned first information report and we are of the opinion that the guidelines framed by the Apex Court in the above noted judgements are equally applicable to the facts of the instant case.
Accordingly, the instant petition also stands disposed of in the light of the judgments as noted above.
Order Date :- 22.8.2022 Shivangi
Digitally signed by SHIVANGI YADAV Date: 2022.08.23 11:33:00 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether arrest of the petitioners is mandatory under the facts of the case in light of Supreme Court guidelines.
Colour shows how this judgement treated each authority
Ram Kunwar And Another
State Of U.P.
Suneet Kumar
Syed Waiz Mian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
