Disposed

Amar Singh and 3 Others v. State of U.P. and 2 Others

Allahabad HC21 Aug 2023CRLP/12479/2023

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What is this about?

Two judges disposed of a criminal miscellaneous writ petition seeking quashing of an FIR and direction against arrest of petitioners. The court applied guidelines from Supreme Court precedents to the facts of the case and dismissed the petition. No further reasoning was provided in the order.

What did the court decide?

Writ petition disposed of in terms of Supreme Court judgments; direction to not arrest implicitly denied as matter disposed of.

Amar Singh and 3 Others Vs State of U.P. and 2 Others — Arbitration | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:167300-DB

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 12479 of 2023

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Petitioner :- Amar Singh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dharm Jeet Singh,Hari Bans Singh Counsel for Respondent :- G.A.

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Hon'ble Vivek Kumar Birla,J. Hon'ble Surendra Singh-I,J.

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Heard Sri Hari Bans Singh, learned counsel for the petitioners as well as Sri G.P. Singh, learned A.G.A. for the State respondents.

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The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 29.4.2023 registered as Case Crime No. 0061 of 2023, under Sections 323, 504, 506, 498A IPC and 3/4 DP Act, PS Dubhar, District Ballia, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

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The submission is that all alleged offences are punishable with imprisonment upto seven years, therefore the police authorities are bound to follow the procedure laid down under Section 41-A Cr.P.C. The petitioners have been wrongly implicated and could not be arrested. Reliance has been placed on the judgement of Apex Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 and Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and others in Writ Petition (Civil) No. 73 of 2015 with Criminal Appeal No. 1265 of 2017 Writ Petition (Criminal) No. 156 of 2017 and in Satendra Kumar Antil vs. Central Bureau of Investigation and Another (2022) 10 SCC 51 and coordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147.

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We have gone through the impugned first information report and we are of the opinion that the guidelines framed by the Apex Court in the above noted judgement are equally applicable to the facts of the instant case.

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Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above.

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Order Date :- 21.8.2023

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Abhishek

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Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad

Amar Singh and 3 Others v. State of U.P. and 2 Others

Case brief

What is this about?

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Amar Singh and 3 Others v. State of U.P. and 2 Others

Case brief

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