The Division Bench quashed the First Information Report and directed the police not to arrest the petitioners, applying Supreme Court guidelines regarding arrest in cognizable offences punishable by imprisonment up to seven years.
Quashed the First Information Report and directed the police not to arrest the petitioners.
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Neutral Citation No. - 2023:AHC:200737-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 16337 of 2023
Petitioner :- Daya Shankar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ruchi Mishra,Rajesh Yadav Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.
Order Date :- 17.10.2023 Shafique
Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad
2 issues framed by the court
Whether the First Information Report should be quashed and an order to not arrest the petitioners issued based on Supreme Court guidelines regarding arrest in cognizable offences.
Whether principles laid down in Arnesh Kumar and related jurisprudence apply to the facts of the instant case.
Colour shows how this judgement treated each authority
Arnesh Kumar Vs. State of BiharRelied on¶8
Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 · Who else cites this
Social Action Forum for Manav Adhikar Vs. Union of IndiaRelied on¶8
Social Action Forum for Manav Adhikar Vs. Union of India
Satendra Kumar Antil vs. Central Bureau of Investigation and AnotherRelied on¶8
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¶8
Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147
Daya Shankar And 2 Others
State Of U.P. And 2 Others
Vivek Kumar Birla
Vinod Diwakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
