Disposed

Meera and 4 Others v. State of U.P. and 2 Others

Allahabad HC16 Nov 2023CRLP/17823/2023

Case brief

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What is this about?

The High Court of Judicature at Allahabad, Allahabad Bench, dismissed a criminal miscellaneous writ petition seeking quashing of an FIR. The court applied Supreme Court guidelines mandating mandatory consideration of arrest procedures under Section 41-A Cr.P.C. and disposed of the petition accordingly.

What did the court decide?

The writ petition was disposed of in terms of the guidelines in cited Supreme Court judgments regarding arrest procedures.

Meera and 4 Others Vs State of U.P. and 2 Others — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:217691-DB

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 17823 of 2023

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Petitioner :- Meera And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Prakash Pal 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 Akshay Gupta, Advocate, holding brief of Sri Vibhav Ojha, learned counsel for the petitioners and learned A.G.A. for the Staterespondents.

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The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 26.10.2023, registered as Case Crime No. 0141 of 2023, under Sections 147, 148, 149, 323, 332, 336, 352, 353, 427 I.P.C. and Section 7 of Criminal Law Amendment Act, 1932, P.S. Naya Gaon, District Etah 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

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Vibha

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

Meera and 4 Others v. State of U.P. and 2 Others

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Meera and 4 Others v. State of U.P. and 2 Others

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