Allowed

Devendra and 5 Others v. State of U.P. and 3 Others

Allahabad HC16 Nov 2023CRLP/17841/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous writ petition to quash an FIR and prevent arrest. The court held that applicable Apex Court guidelines mandate following Section 41-A Cr.P.C. procedure before arresting petitioners in cases punishable with seven years imprisonment.

What did the court decide?

Writ petition disposed of in terms of Apex Court judgements; petitioner not to be arrested.

Devendra and 5 Others Vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:217682-DB

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 17841 of 2023

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Petitioner :- Devendra And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satish Sharma 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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Mohd. Afzal, Advocate, has moved his Vakalatnama on behalf of first informant, which is taken on record.

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Heard Sri Satish Sharma, learned counsel for the petitioners, Mohd. Afzal, learned counsel for the first informant 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 18.09.2023, registered as Case Crime No. 570 of 2023, under Sections 498-A, 323, 504, 506 I.P.C. and section 3/4 of D.P. Act., P.S. Karvi Kotwali Nagar, District Chitrakoot 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

Devendra and 5 Others v. State of U.P. and 3 Others

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Devendra and 5 Others v. State of U.P. and 3 Others

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