Disposed

Virendra @ Birendra Pal and 12 Others v. State of U.P. and 2 Others

Allahabad HC9 Jun 2022CRLP/7102/2022

Case brief

AI extract

What is this about?

The Court dismissed the petition for quashing an FIR under Sections 498A, 323, 504, 506, 354, 494 IPC and D.P. Act, holding that guidelines in Vimal Kumar apply to prevent arrest in cases punishable with imprisonment of seven years or less.

What did the court decide?

The petition stands disposed of in terms of the judgment in Vimal Kumar v. State of UP; direction not to arrest.

Virendra @ Birendra Pal and 12 Others Vs State of U.P… — Quashing and FIR | Allahabad HC (2022)

¶1

Court No. - 74 Case :- CRIMINAL MISC. WRIT PETITION No. - 7102 of 2022

¶2

Petitioner :- Virendra @ Birendra Pal And 12 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Shukla Counsel for Respondent :- G.A.

¶3

Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.

¶4

Vakalatnama filed today by Sri Gajendra Pratap Singh, learned counsel on behalf of respondent no.3 is taken on record.

¶5

Heard Sri Pradeep Kumar Shukla, learned counsel for the petitioners and learned AGA.

¶6

Present writ petition has been preferred for quashing the impugned FIR dated 12.1.2022 being Case Crime No. 002 of 2022 under Sections 498A, 323, 504, 506, 354, 494 IPC and Section 3/4 D.P.Act, P.S. Mahila Thana, Distt. Bareilly and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.

¶7

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.

¶8

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.

¶9

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.

¶10

Order Date :- 9.6.2022/PS

¶11

Digitally signed by POOJA SHARMA Date: 2022.06.10 16:12:49 IST Reason: Location: High Court of Judicature at Allahabad

Virendra @ Birendra Pal and 12 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Virendra @ Birendra Pal and 12 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Allahabad Up Gramin Bank and 2 Others Vs Sandeep Singh

Smt.Kalawati Devi Vs State of U.P. and 3 Others

Ambuj Mishra Vs State of U.P. and 6 Others

Kusum Tiwari Vs State of U.P. and 8 Others

Ambuj Srivastava Vs State of U P and 5 Others

Rajat Sharma and 4 Others Vs State of U.P. and 2 Others