Disposed

Arvind Yadav and 4 Others v. State of U.P. and 3 Others

Allahabad HC12 Dec 2023CRLP/17591/2023

Case brief

AI extract

What is this about?

The High Court Court disposed of a writ petition seeking quashing of an FIR and direction not to arrest. Relying on Supreme Court guidelines, the Court applied Section 41-A Cr.P.C. to the facts and disposed of the petition.

What did the court decide?

Petition disposed in terms of Supreme Court guidelines; order does not specify arrest prohibition or FIR quashing.

Arvind Yadav and 4 Others Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:234943-DB

¶2

Court No. - 45

¶3

Case :- CRIMINAL MISC. WRIT PETITION No. - 17591 of 2023

¶4

Petitioner :- Arvind Yadav And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Asif Counsel for Respondent :- G.A.

¶5

Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶6

Heard Mohd. Asif, learned counsel for the petitioners as well as Sri Vibhav Ojha, learned A.G.A. for the State respondents.

¶7

The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 13.9.2023, registered as Case Crime No. 156 of 2023, under Sections 147, 447, 506, 427 IPC, PS Raniya, District Kanpur Dehat, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

¶8

Although the prayer for quashing of FIR has been made, but without insisting on the same, only 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.

¶9

We have gone through the impugned first information report and without interfering in the same, 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.

¶10

Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above.

¶11

Order Date :- 12.12.2023 Abhishek

¶12

Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad

Arvind Yadav and 4 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Arvind Yadav and 4 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajnikant Maurya Vs State of U.P. and 2 Others

Ashish Agrawal and 2 Others Vs State of U.P. and 2 Others

Smt. Maya Devi Vs State of U.P. and 10 Others

Akilesh Kumar Alias Akhilesh Jaiswal Vs State of U.P. and 3 Others

Navneet Saxena and 2 Others Vs State of U.P. and 3 Others

Smt. Poonam Goel and 6 Others Vs State of U.P. and 2 Others