In Criminal Misc. Writ Petition No. 2767 of 2022, the High Court disposed of the petition seeking quashing of an FIR under Sections 406, 420, 504, 506 IPC and direction against arrest. The court applied Apex Court guidelines on arrest procedure for punishable offences.
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Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 2767 of 2022
Petitioner :- Rupa Chauhan And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jitendra Pal Singh Chauhan Counsel for Respondent :- G.A.,Syed Faiz Hasnain
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 16.01.2022 registered as Case Crime No. 27 of 2022, under Sections 420, 406, 504, 506 I.P.C., Police Station Najibabad, District Bijnor, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
The submission is that all the 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 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 .
Having regard to the nature of the offences, interim protection has been granted to the petitioners.
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 :- 8.12.2022/Shivangi
Digitally signed by SHIVANGI YADAV Date: 2022.12.09 15:49:38 IST Reason: Location: High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Arnesh Kumar Vs. State of BiharRelied on¶6
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¶6
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
Vimal Kumar & 3 others Vs. State of U.P. & 3 othersRelied on¶6
Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147
Rupa Chauhan And 2 Others
State Of U.P. And 2 Others
Suneet Kumar
Syed Waiz Mian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
