The court disposed of a writ petition seeking quashing of an FIR and direction not to arrest the petitioner. It held that Supreme Court guidelines from Arnesh Kumar and Social Action Forum are applicable to the instant facts. The petition was disposed based on these precedents.
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Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 16670 of 2022
Petitioner :- Haider Ali And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Rishabh Kumar,Mohammed Asif Counsel for Respondent :- G.A.,Syed Wajid Ali
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 03.08.2022 registered as Case Crime No. 336 of 2022, under Sections 147, 504, 506, 427 I.P.C., Police Station Phoolpur, District Prayagraj, and for a direction to the respondents not to arrest the petitioner 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 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 .
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.
The order has been passed in the presence of learned counsel for the informant.
Order Date :- 9.12.2022/Shivangi
Digitally signed by SHIVANGI YADAV Date: 2022.12.09 15:50:11 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the guidelines framed in Arnesh Kumar and Social Action Forum judgments are immediately applicable to the facts of the instant case.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
Haider Ali 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
