Disposed

Kamla Prasad and 3 Others v. State of U.P. and 3 Others

Allahabad HC27 Sept 2022CRLP/14160/2022

Case brief

AI extract

What is this about?

A single judge disposed of a writ petition seeking quashing of an FIR and direction not to arrest the petitioner by applying Apex Court guidelines regarding arrest procedure for offences punishable with seven years' imprisonment.

What did the court decide?

Petition disposed of; direction to respondents not to arrest is granted in light of precedent regarding arrest procedure for seven-year offences.

Kamla Prasad and 3 Others Vs State of U.P. and 3… — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 48

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Case :- CRIMINAL MISC. WRIT PETITION No. - 14160 of 2022

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Petitioner :- Kamla Prasad And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brahma Kumar Tiwari Counsel for Respondent :- C.S.C.

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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 10.5.2022 registered as Case Crime No. 226 of 2022, under Sections 147, 323, 504, 506, 354 I.P.C., P.S. Nawabganj, 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 :- 27.9.2022 S.Prakash

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Digitally signed by SHASHI PRAKASH Date: 2022.09.28 16:00:38 IST Reason: Location: High Court of Judicature at Allahabad

Kamla Prasad and 3 Others v. State of U.P. and 3 Others

Case brief

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Kamla Prasad and 3 Others v. State of U.P. and 3 Others

Case brief

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