Disposed

Mohd Husain and 4 Others v. State of U.P. and 3 Others

Allahabad HC17 Oct 2023CRLP/16403/2023

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What is this about?

Division Bench dismissed a writ petition seeking quashing of an FIR under Sections 498A IPC and cheque-related offences, directing not to arrest petitioners in view of Apex Court guidelines. The court held the guidelines applicable and disposed of the petition accordingly.

What did the court decide?

Quashing of the FIR and direction to not arrest the petitioners in pursuance of the FIR.

Mohd Husain and 4 Others Vs State of U.P. and 3 Others — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:201186-DB

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 16403 of 2023

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Petitioner :- Mohd Husain And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Faiz Ahmad,Nizam 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 Faiz Ahmad, learned counsel for the petitioners as well as Shri G.P. Singh, learned AGA 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 27.09.2023 registered as Case Crime No. 273 of 2023, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act and 3/4 Muslim Women Rights and Protection Act, 2019, P.S. Kadadham, District Kaushambi, 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 :- 17.10.2023 Ujjawal

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Digitally signed by :- UJJAWAL PARJAPATI High Court of Judicature at Allahabad

Mohd Husain and 4 Others v. State of U.P. and 3 Others

Case brief

What is this about?

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Mohd Husain and 4 Others v. State of U.P. and 3 Others

Case brief

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