Poonam Yadav and 4 Others v. State of U.P. and 3 Others
Case brief
What is this about?
Petitioners assailed the validity of an F.I.R. via writ petition. High Court directed police to issue notices under Cr.P.C. Sections 41 and 41(A) and summon accused, finding arrest unnecessary absent credible material indicating involvement.
What the court decided
Neutral Citation No. - 2023:AHC:186857-DB
Court No. - 67
Case :- CRIMINAL MISC. WRIT PETITION No. - 15224 of 2023
Petitioner :- Poonam Yadav And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harish Kumar Srivastava,Kumar Ankit Srivastava
Counsel for Respondent :- G.A.,Shyam Dhar Gupta
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State and also perused the record.
By means of the present writ petition under Article 226 of the Constitution of India, the petitioners are assailing the legality and validity of the First Information Report dated 13.9.2023 registered as Case Crime No.. 0233 of 2023, under Sections 420, 406, 120-B IPC, Police Station Machhali Shahar, District Jaunpur.
Submission made by learned counsel for the petitioners is that the offences are punishable under 7 years or less than 7 years.
The Supreme Court in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 has laid down guidelines for arresting a person, which are being reproduced hereinbelow:-
Issues for consideration
3 issues framed by the court
Whether the High Court should have set aside the First Information Report to quash the criminal proceedings.
Whether the police are obligated to issue notice and summon petitioners under Section 41 Cr.P.C. instead of immediate arrest.
Whether credible material of involvement must be established before arresting the petitioners.
Parties & counsel
- petitioner
Poonam Yadav and 4 Others
- respondent
State of U.P. and 3 Others
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- CRLP/15224/2023
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