This court disposed of a writ petition seeking quashing of an FIR and a direction not to arrest the petitioners. The court found the earlier guidelines applicable and disposed of the present petition in terms thereof.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74
Case :- CRIMINAL MISC. WRIT PETITION No. - 7248 of 2022
Petitioner :- Shyam Sunder Agrawal And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ganesh Mani Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard Ms. Sumita Kapil, learned Senior Counsel assisted by Sri Shaan Mohan and Sri Ganesh Mani, learned counsel for the petitioners and learned AGA.
Present writ petition has been preferred for quashing the impugned FIR dated 16.5.2022 being Case Crime No.0537 of 2022 under Sections 323, 354(b), 504, 506, 498A IPC and unsder Section 3 & 4 of D.P. Act,1961, P.S. Highway, Distt. Mathura 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 16:11:02 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether a direction not to arrest the petitioners under Section 41A Cr.P.C. should be granted given the seven years imprisonment sought?
Whether the guidelines framed by this Court in the said Writ Petition No.17732 of 2020 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 othersFollowed¶7
Criminal Misc. Writ Petition No.17732 of 2020 dated 28.01.2021
1 provisions across 1 enactments
Shyam Sunder Agrawal And 3 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
