Disposed¶5

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

Allahabad HC12 Dec 2023CRLP/17622/2023

Case brief

AI extract

What is this about?

Allahabad HC DB (Vivek Kumar Birla & Vinod Diwakar, JJ.), 12.12.2023, Crl. Misc. W.P. 17622 of 2023, Navneet Saxena v. State of U.P.: FIR Crime No. 0338 of 2023 dt. 7.9.2023 (Ss. 498A/323/506/354 IPC, S. 3/4 D.P. Act, PS Rawatpur, Kanpur Nagar) not quashed; offences punishable up to 7 years; Section 41-A Cr.P.C. procedure; Apex Court arrest guidelines (Arnesh Kumar (2014) 8 SCC 273; Social Action Forum for Manav Adhikar WP(C) 73/2015; Satendra Kumar Antil (2022) 10 SCC 51; Vimal Kumar 2021 (2) ACR 1147) held equally applicable; petition disposed of in terms of those judgements; neutral citation 2023:AHC:234956-DB.

What did the court decide?

Writ petition disposed of in terms of the judgements noted above; the Court did not interfere with the impugned FIR and passed no independent arrest-protection direction. ¶5

Navneet Saxena and 2 Others Vs State of U.P. and 3 Others — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:234956-DB

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 17622 of 2023

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Petitioner :- Navneet Saxena And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhakar Shukla 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 Sri Sudhakar Shukla, learned counsel for the petitioners as well as learned A.G.A. 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 7.9.2023, registered as Case Crime No. 0338 of 2023, under Sections 498A, 323, 506, 354 IPC and Section 3/4 D.P. Act, PS Rawatpur, District Kanpur Nagar, 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.

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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.

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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 :- 12.12.2023 Abhishek

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

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

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

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