Disposed

Rajesh Kumar @ Rakesh Kumar v. State of U.P. and 2 Others

Allahabad HC6 Dec 2022CRLP/3596/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition, the Division Bench applied the guidelines from Arnesh Kumar and Social Action Forum regarding police arrest procedures for offences punishable with seven years imprisonment, leading to the disposal of the petition to quash the FIR and prevent arrest.

What did the court decide?

Instant petition disposed of; guidelines applied implying no arrest and quashing of FIR.

Rajesh Kumar @ Rakesh Kumar 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. - 3596 of 2020

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Petitioner :- Rajesh Kumar @ Rakesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amrendra Nath Rai,Sanjay Singh Counsel for Respondent :- G.A.,Sanjay Srivastava

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

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Heard learned counsel for the petitioner 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 8.2.2020, registered as Case Crime No. 25 of 2020, under Section-500 I.P.C. and Section-66 of Information Technology (Amendment) Act, 2018, P. S.-Rail Bazar, District-Kanpur Nagar, and for a direction to the respondents not to arrest the petitioner 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 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 .

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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 :- 6.12.2022 HR

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Digitally signed by HEMANT RANJAN Date: 2022.12.09 15:50:44 IST Reason: Location: High Court of Judicature at Allahabad

Rajesh Kumar @ Rakesh Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Rajesh Kumar @ Rakesh Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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