Allowed

Smt. Sarvesh and 3 Others v. State of U.P. and 3 Others

Allahabad HC27 Jan 2023CRLP/20301/2022

Case brief

AI extract

What is this about?

The Court quashed the First Information Report in a criminal matter involving alleged offences under the IPC. It held that the Supreme Court's guidelines on arrest procedures were applicable to the case facts and disposed of the writ petition accordingly.

What did the court decide?

Writ petition allowed; First Information Report quashed; direction given not to arrest petitioners.

Smt. Sarvesh and 3 Others Vs State… — Constitutional and Fundamental Rights | Allahabad HC (2023)

¶1

Court No. - 43

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 20301 of 2022

¶3

Petitioner :- Smt. Sarvesh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Khalid Counsel for Respondent :- G.A.,Mahendra Kumar Maurya,Radhey Shyam Singh

¶4

Hon'ble Vivek Kumar Birla,J. Hon'ble Saurabh Srivastava,J.

¶5

Heard Shri Mohammad Khalid, learned counsel for the petitioners, Shri Mahendra Kumar Maurya, learned counsel appearing for the informant and the learned A.G.A for the State respondents.

¶6

The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 8.10.2022 registered as Case Crime No. 152 of 2022, under Sections 147, 148, 149, 452, 308, 323, 504, 506 IPC, Police Station Marhara, District Etah, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

¶7

It is an admitted fact that during investigation it was found that no offence under Section 307 I.P.C was committed. Therefore the same was deleted. However, offence under Section 308 IPC was added.

¶8

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 and co-ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. & 3 others

¶9

in 2021 (2) ACR 1147.

¶10

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.

¶11

Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above.

¶12

Order Date :- 27.1.2023 Rakesh

¶13

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

Smt. Sarvesh and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Sarvesh and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Jatashankar (Jatashankar Singh) Vs State of U.P. and 3 Others

Sanjeev Kumar Goswami Vs State of U.P. and 2 Others

Gulfam Vs State of U.P. and 2 Others

Rajjan Mishra @ Mahendra Mishra Vs State of U.P. and 3 Others

Bharat Kumar Saini and 3 Others Vs State of U.P. and 2 Others

Samar Singh Alias Dhamman and Another Vs State of U.P. and 2 Others