The Division Bench allowed a criminal miscellaneous writ petition to quash FIR. The court applied Supreme Court guidelines on arrest for offences punishable with seven years' imprisonment, directing police not to arrest petitioners and disposing of the plea.
FIR quashed; petitioners restrained from arrest; petition disposed of.
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Neutral Citation No. - 2023:AHC:218004-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 17854 of 2023
Petitioner :- Smt. Priya And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar,Shachi Singh Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Manish Kumar Nigam,J.
Order Date :- 16.11.2023 Nitika Sri.
Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the guidelines in Arnesh Kumar except cases involving sexual offences amount to a protected entry and are likely to result in long term physical custodial detention.
Colour shows how this judgement treated each authority
Arnesh Kumar Vs. State of BiharRelied on¶8
(2014) 8 SCC 273 · Who else cites this
Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and othersRelied on¶8
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 AnotherRelied on¶8
(2022) 10 SCC 51 · Who else cites this
Vimal Kumar & 3 others Vs. State of U.P. & 3 othersRelied on¶8
2021 (2) ACR 1147
Smt. Priya And 6 Others
State Of U.P. And 3 Others
Vivek Kumar Birla
Manish Kumar Nigam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
