Petitioner sought quashing of an FIR under Sections 420 IPC and Passport Act and directed police not to arrest him under Section 41A Cr.P.C. Court held section 41A Cr.P.C. was mandatory and disposed of the petition relying on a prior judgment.
Directed respondents not to arrest petitioner pursuant to the FIR.
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Court No. - 74
Case :- CRIMINAL MISC. WRIT PETITION No. - 7027 of 2022
Petitioner :- Mohd. Rashid Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner and learned AGA.
Present writ petition has been preferred for quashing the FIR dated 9.5.2022 being Case Crime No.0186 of 2022 under Section 420 IPC and Section 12 Pass Ports Act, 1967, P.S. Bilaspur, Distt. Rampur and for a direction to respondents not to arrest the petitioner 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 petitioner has been wrongly implicated and could not be arrested. Learned counsel for the petitioner 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 15:57:59 IST Reason: Location: High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Vimal Kumar and 3 others vs. State of UP and 3 othersRelied on¶7
Criminal Misc. Writ Petition No.17732 of 2020 (Vimal Kumar and 3 others vs. State of UP and 3 others)
1 provisions across 1 enactments
Mohd. Rashid
State Of U.P.
Mahesh Chandra Tripathi
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
