Disposed

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

Allahabad HC29 Aug 2022CRLP/11499/2022

Case brief

AI extract

What is this about?

In a petition seeking quashing of an FIR under IPC 507 and a stay on arrest, the court relied on Supreme Court guidelines from Arnesh Kumar and related cases. It held guidelines applicable and disposed of the petition accordingly without arrest implications.

What did the court decide?

Instant petition disposed of in light of Apex Court judgments regarding guidelines on arrests.

Abhinay Kumar Dubey @ Deepak Dubey Vs State of U.P. and 3… — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 48

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Case :- CRIMINAL MISC. WRIT PETITION No. - 11499 of 2022

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Petitioner :- Abhinay Kumar Dubey @ Deepak Dubey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Javed Khan,Mohammad Javed Counsel for Respondent :- G.A.

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

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Heard learned counsel for the petitioner and learned A.G.A. for the State.

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The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 08.08.2022 registered as Case Crime No. 503 of 2022, under Section 507 I.P.C., Police Station Handia, District Prayagraj, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.

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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 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.

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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.

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

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Order Date :- 29.8.2022 Mukesh Kr.

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Digitally signed by MUKESH KUMAR Date: 2022.08.29 17:50:44 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

Abhinay Kumar Dubey @ Deepak Dubey 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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