Disposed

Rajendra and 5 Others v. State of U.P. and 2 Others

Allahabad HC7 Dec 2022CRLP/16512/2022

Case brief

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What is this about?

The Court disposed of a writ petition seeking quashing of an FIR and a direction not to arrest the petitioners. Relying on Supreme Court guidelines regarding arrest procedures in offences punishable with imprisonment up to seven years, the Court held the guidelines applicable and disposed of the petition.

What did the court decide?

Petition disposed of; no specific quashing order or non-arrest direction granted in this order text.

Rajendra and 5 Others Vs State of U.P. and 2 Others — Bail and Remand | Allahabad HC (2022)

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Court No. - 48

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Case :- CRIMINAL MISC. WRIT PETITION No. - 16512 of 2022

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Petitioner :- Rajendra And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhir Kumar Counsel for Respondent :- G.A.,Vivek Dhaka

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

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Heard learned counsel for the petitioners 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 27.08.2022 registered as Case Crime No. 380 of 2022, under Sections 147, 148, 323, 352, 452, 325, 354, 354-B, 504, 506 I.P.C., Police Station Partapur, District Meerut, and for a direction to the respondents not to arrest the petitioners 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 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 .

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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 :- 7.12.2022 Shivangi

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Digitally signed by SHIVANGI YADAV Date: 2022.12.08 10:45:46 IST Reason: Location: High Court of Judicature at Allahabad

Rajendra and 5 Others v. State of U.P. and 2 Others

Case brief

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Rajendra and 5 Others v. State of U.P. and 2 Others

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