Disposed

Sumit Gupta v. State of U P and 3 Others

Allahabad HC11 Oct 2023CRLP/15905/2023

Case brief

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What is this about?

This division bench heard a criminal miscellaneous writ petition seeking quashing of an FIR registered under Section 420 IPC and Sections 63 & 65 of Copyright Act and a direction not to arrest the petitioners. The court found the Apex Court guidelines on arrest arrest procedure applicable and disposed of the petition accordingly.

What did the court decide?

The writ petition was disposed of in terms of the Apex Court judgements referenced; petition for quashing of FIR and direction not to arrest implicitly granted.

Sumit Gupta Vs State of U P and 3 Others — Property and Title | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:196638-DB

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 15905 of 2023

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Petitioner :- Sumit Gupta Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ratnesh Kumar Tiwari Counsel for Respondent :- G.A.

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Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

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Heard Shri Ratnesh Kumar Tiwari, learned counsel for the petitioners as well as 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 20.07.2023 registered as Case Crime No.250 of 2023, under Section 420 IPC and Under Sections 63 & 65 of Copyright Act, Police Station Brahmpuri, District Meerut, 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 co-ordinate 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 :- 11.10.2023 RKM

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Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad

Sumit Gupta v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

Sumit Gupta v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

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