Rama Shankar Tiwari and 5 Others v. State of U.P. and 2 Others
Case brief
What is this about?
In this criminal miscellaneous writ petition, the High Court, relying on Arnesh Kumar guidelines, granted interim protection to petitioners by directing the IO to issue notices under Cr.P.C. before arrest and complete investigation within 60 days.
What did the court decide?
Direction to IO to issue notice under Sections 41 and 41A Cr.P.C. and complete investigation within 60 days; freedom of petitioners protected during interim.
What the court decided
Neutral Citation No. - 2023:AHC:210737-DB
Court No. - 67
Case :- CRIMINAL MISC. WRIT PETITION No. - 17198 of 2023
Petitioner :- Rama Shankar Tiwari And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Mishra Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
By means of the present writ petition under Article 226 of the Constitution of India, the petitioners are assailing the legality and validity of the FIR dated 07.09.2023 registered as Case Crime No.240 of 2023, under Sections 147, 352, 427, 504, 506 I.P.C. P.S. Khutahan, District Jaunpur.
Submission made by learned counsel for the petitioners is that the present FIR is an outcome of dispute between the parties. The offences are punishable under 7 years or less than 7 years.
The Supreme Court in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 has laid down guidelines for arresting a person, which are being reproduced hereinbelow:-
Issues for consideration
2 issues framed by the court
Whether the writ petition assailing the legality of the FIR under Sections 147, 352, 427, 504, 506 I.P.C. deserves interim protection for the petitioners.
Whether the Investigating Officer is required to issue notice under Sections 41 and 41A Cr.P.C. before arresting the petitioners.
Parties & counsel
- petitioner
Rama Shankar Tiwari And 5 Others
- respondent
State Of U.P. And 2 Others
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- CRLP/17198/2023
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