Disposed

Taj Mohammad v. State of U.P. and 2 Others

Allahabad HC22 Mar 2023CRLP/4418/2023

Case brief

AI extract

What is this about?

In this criminal miscellaneous writ petition, the High Court of Judicature at Allahabad, in a two-judge bench, disposed of the petition, which sought to quash the First Information Report and a direction not to arrest the petitioner. The Court applied Apex Court guidelines and concurred with the petition. The order carries no specific disposal mandate.

What did the court decide?

No specific relief granted; petition disposed of with a note to apply Apex Court guidelines.

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

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4418 of 2023

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Petitioner :- Taj Mohammad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravindra Prakash Srivastava Counsel for Respondent :- G.A.

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Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J.

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Heard Sri Ravindra Prakash Srivastava, learned counsel for the petitioner 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 14.02.2023, registered as Case Crime No. 57 of 2023, under Sections 406, 506 IPC, P.S.Kotwali, District Basti and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.

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The submission is that all alleged offences are punishable with imprisonment upto 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 :- 22.3.2023 Nitendra

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Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad

Taj Mohammad v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Taj Mohammad v. State of U.P. and 2 Others

Case brief

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What did the court decide?

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