The court dismissed the writ petition to quash the FIR and avoid arrest. It held that guidelines from Arnesh Kumar and related judgments apply, resulting in disposal of the petition without arrest directives.
Petition disposed of in light of Supreme Court guidelines; no arrest direction issued.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 19219 of 2022
Petitioner :- Raghu Nandan Bhardwaj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Tiwari Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J. Hon'ble Syed Waiz Mian,J.
Heard learned counsel for the petitioner(s) 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 26.10.2022 registered as Case Crime No. 708 of 2022, under Section 447 I.P.C., P.S. Sihani Gate, District Ghaziabad, and for a direction to the respondents not to arrest the petitioner(s) 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 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.
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.
Order Date :- 20.12.2022 Mukesh Kr.
Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioner should be arrested under Section 41-A Cr.P.C. given the nature of the alleged offences.
Whether the impugned First Information Report should be quashed in light of Supreme Court guidelines.
Colour shows how this judgement treated each authority
Arnesh Kumar Vs. State of BiharRelied on¶7
Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 · Who else cites this
Social Action Forum for Manav Adhikar Vs. Union of IndiaRelied on¶7
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
Vimal Kumar & 3 others Vs. State of U.P.Relied on¶7
Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147
3 provisions across 3 enactments
Raghu Nandan Bhardwaj
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
