This court disposed of a writ petition seeking quashing of an FIR and a direction against arrest, applying guidelines previously framed for offences punishable with seven years or less imprisonment.
Petition disposed of in terms of previous guidelines applicable to offences punishable with seven years or less imprisonment.
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Court No. - 74
Case :- CRIMINAL MISC. WRIT PETITION No. - 7115 of 2022
Petitioner :- Rajesh Kumar Saxena Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Sushil Kumar Dubey, learned counsel for the petitioners and learned AGA.
Present writ petition has been preferred for quashing the impugned FIR dated 19.2.2021 being Case Crime No. 56 of 2021 under Sections 420, 406, 120-B IPC, P.S. Nawabad, Distt. Jhansi 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 PS
Digitally signed by POOJA SHARMA Date: 2022.06.10 16:12:54 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether guidelines framed for offences punishable with seven years or less imprisonment are applicable to quash the instant FIR.
Whether the petitioners can be arrested under the impugned FIR.
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
2 provisions across 2 enactments
Rajesh Kumar Saxena
Another
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
