Disposed

Amir @ Suhel and 5 Others v. State of U.P. and 3 Others

Allahabad HC29 Aug 2022CRLP/11478/2022

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking direction not to arrest the petitioners and to quash an FIR. Relying on Supreme Court guidelines regarding automatic arrests, the court held the guidelines applicable to the facts and disposed of the petition.

What did the court decide?

Petition disposed of in light of Supreme Court guidelines making arrest procedure applicable.

Amir @ Suhel and 5 Others Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 48

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 11478 of 2022

¶3

Petitioner :- Amir @ Suhel And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Belal Counsel for Respondent :- G.A.

¶4

Hon'ble Suneet Kumar,J. Hon'ble Syed Waiz Mian,J.

¶5

Heard Sri Mohammad Belal, learned counsel for the petitioners and learned A.G.A. for the State.

¶6

The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 22.07.2022 registered as Case Crime No. 391 of 2022, under Sections 147, 149, 325, 354(B), 323, 504, 506, 452, 427 I.P.C., Police Station Pilakhuwa, District Hapur, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

¶7

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. 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 .

¶8

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.

¶9

Accordingly, the instant petition also stands disposed of in the light of the judgments as noted above.

¶10

Order Date :- 29.8.2022 Shivangi

¶11

Digitally signed by SHIVANGI YADAV Date: 2022.08.31 09:38:20 IST Reason: Location: High Court of Judicature at Allahabad

Amir @ Suhel and 5 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Amir @ Suhel and 5 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Smt. Anjali Gaud and 3 Others Vs State of U.P. and 2 Others

Ritu kamal singh and 3 others Vs State Of U.P through principal secretary (Home) Govt.U.P. and 5 others

Smt. Anjana Devi Vs State of U.P. and 3 Others

Aneesh Vs State of U.P. and 2 Others

Abhinay Kumar Dubey @ Deepak Dubey Vs State of U.P. and 3 Others

Kunwar Chandra Vs State of U.P. and 3 Others