Dismissed

Dilip Kumar and 2 Others v. State of U.P. and 2 Others

Allahabad HC16 Nov 2023CRLP/17809/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad dismissed a criminal miscellaneous writ petition seeking quashing of an F.I.R. and direction not to arrest petitioners, applying Supreme Court guidelines on non-bailable offences punishable with seven years imprisonment.

What did the court decide?

Impugned F.I.R. dismissed; direction granted not to arrest petitioners in pursuance of F.I.R.

Dilip Kumar and 2 Others Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:217448-DB

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 17809 of 2023 Petitioner :- Dilip Kumar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raj Kumar Kesari Counsel for Respondent :- G.A.

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Hon'ble Vivek Kumar Birla,J. Hon'ble Manish Kumar Nigam,J .

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Heard Sri Raj Kumar Kesari, learned counsel for the petitioners and 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 11.04.2023, registered as Case Crime No. 0294 of 2023, under Sections 420, 504, 506 I.P.C., P.S. Kavi Nagar, Commissionerate Ghaziabad 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 of 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, 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 :- 16.11.2023/Vibha

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Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad

Dilip Kumar and 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Dilip Kumar and 2 Others v. State of U.P. and 2 Others

Case brief

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What did the court decide?

What the court decided

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