In a criminal miscellaneous writ petition seeking quashing of an FIR and direction not to arrest, the Division Bench held that applicable Supreme Court guidelines mandated disposal of the petition without arrest.
Petition disposed; no arrest directed as guidelines applied to facts.
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:205531-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 16376 of 2023
Petitioner :- Shishupal Rajbhar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashi Dhar Goswami,Pradeep Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.
Order Date :- 28.10.2023
Abhishek
Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioners could be arrested in pursuance of the First Information Report without following procedure under Section 41-A Cr.P.C.
Colour shows how this judgement treated each authority
Arnesh Kumar Vs. State of BiharExplained¶7
Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 · Who else cites this
Social Action Forum for Manav Adhikar Vs. Union of IndiaExplained¶7
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 AnotherExplained¶7
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 othersExplained¶7
Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147
Shishupal Rajbhar And Another
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
