The High Court disposed of a criminal miscellaneous writ petition seeking quashing of an FIR under Sections 498A, 323, 354, 504, 506 IPC and a direction not to arrest the petitioners, relying on the Supreme Court's guidelines in Arnesh Kumar.
The instant petition stands disposed off in terms of the judgments noted above.
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.
Neutral Citation No. - 2023:AHC:203399-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 16025 of 2023
Petitioner :- Mohd. Naseem And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Monika Pal Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.
in the above noted judgement are equally applicable to the facts of the instant case.
Order Date :- 19.10.2023 Anil K. Sharma
Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the writ petition to quash the FIR and restrain arrest should be allowed given the nature of the charges.
Whether Section 41-A Cr.P.C. guidelines under Arnesh Kumar are applicable to the facts of this case.
Colour shows how this judgement treated each authority
Arnesh Kumar Vs. State of BiharRelied on¶9
Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 · Who else cites this
Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and othersRelied on¶9
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
Satendra Kumar Antil vs. Central Bureau of Investigation and AnotherRelied on¶9
Satendra Kumar Antil vs. Central Bureau of Investigation and Another (2022) 10 SCC 51 · Who else cites this
Vimal Kumar & 3 others Vs. State of U.P. & 3 othersRelied on¶9
Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147
3 provisions across 2 enactments
Mohd. Naseem And 3 Others
State Of U.P. And 3 Others
Vivek Kumar Birla
Vinod Diwakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
