This court disposed of a writ petition seeking quashing of an FIR and an order not to arrest the petitioners, relying on guidelines established in a precedential judgment.
Petition disposed in terms of guidelines established in Vimal Kumar case.
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Court No. - 74
Case :- CRIMINAL MISC. WRIT PETITION No. - 7022 of 2022
Petitioner :- Jay Prakash And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioners and learned AGA.
Present writ petition has been preferred for quashing the FIR dated 2.5.2022 being Case Crime No.92 of 2022 under Sections 308, 323, 504 IPC, P.S. Kundarki, Distt. Moradabad and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.
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. Learned counsel for the petitioners has placed reliance on the judgement of this Court dated 28.01.2021 in Criminal Misc. Writ Petition No.17732 of 2020 (Vimal Kumar and 3 others vs. State of UP and 3 others) in which guidelines have been framed following the judgement of the Apex Court in different cases, relating to offences providing punishment of seven years or less.
We have gone through the impugned first information report and we are of the opinion that the guidelines framed by this Court in the above noted judgement are equally applicable to the facts of the instant case.
Accordingly, the instant petition also stands disposed of in terms of judgement dated 28.01.2021 in Criminal Misc. Writ Petition No.17732 of 2020, Vimal Kumar and 3 others vs. State of UP and 3 others.
Order Date :- 9.6.2022 SP/
Digitally signed by SURYA PRAKASH Date: 2022.06.09 15:57:54 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioners should be released from the impositions of the FIR under Section 41A Cr.P.C.
Whether the guidelines framed in V. Kumar case are applicable to the facts of the instant case
Colour shows how this judgement treated each authority
Vimal Kumar and 3 others vs. State of UP and 3 othersDistinguished¶7
Criminal Misc. Writ Petition No.17732 of 2020, Vimal Kumar and 3 others vs. State of UP and 3 others, dated 28.01.2021
1 provisions across 1 enactments
Jay Prakash And 2 Others
State Of U.P. And 2 Others
Mahesh Chandra Tripathi
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
