Disposed

Pramod and 4 Others v. State of U P and 3 Others

Allahabad HC2 Dec 2022CRLP/18044/2022

Case brief

AI extract

What is this about?

The High Court permitted a writ petition seeking quashing of an FIR and directions not to arrest petitioners. The Court held that guidelines preventing automatic arrests in offences punishable with seven years' imprisonment applied, and disposed of the petition in light of Supreme Court precedents.

What did the court decide?

Writ petition disposed of; quashing of impugned FIR directed; direction to respondents not to arrest petitioners.

Pramod and 4 Others Vs State of U P and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 18044 of 2022

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Petitioner :- Pramod And 4 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Akhil Kumar Shukla 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 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 08.08.2022, registered as Case Crime No. 201 of 2022, under Sections-454Kha, 147, 323, 506 I.P.c. and 7/8 of POCSO Act, Police StationTalgram, District-Kannauj, 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 :- 2.12.2022

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Deepak/

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Digitally signed by DEEPAK KUMAR KUSHWAHA Date: 2022.12.03 15:49:35 IST Reason: Location: High Court of Judicature at Allahabad

Pramod and 4 Others v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

Pramod and 4 Others 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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