Disposed

Rampal and 2 Others v. State of U.P. and 3 Others

Allahabad HC10 May 2023CRLP/481/2023

Case brief

AI extract

What is this about?

A Division Bench disposed of a criminal miscellaneous writ petition seeking quashal of an FIR and directions not to arrest the petitioners. The court held that since the offences were punishable up to seven years, the police must follow Section 41-A CrPC procedures. Following Apex Court guidelines, the petition was disposed of.

What did the court decide?

The petition was disposed of after applying the guidelines regarding arrest under Section 41-A CrPC.

Rampal and 2 Others Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:101281-DB

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 481 of 2023

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Petitioner :- Rampal And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Neelam Pandey,Hari Om Sharma,Rajeev Giri,Rajnish Kumar Pandey,Ranjit Kumar Yadav Counsel for Respondent :- G.A.

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Hon'ble Vivek Kumar Birla,J. Hon'ble Surendra Singh-I,J.

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Heard Sri Ranjeet Kumar Yadav, learned counsel for the petitioners and Sri Ratan Singh, 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 26.10.2022, registered as Case Crime No. 577 of 2022, under Sections 323, 504, 506 IPC, Police Station Bahajoi, District Sambhal and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

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3 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 :- 10.5.2023 Nitendra

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

Rampal and 2 Others v. State of U.P. and 3 Others

Case brief

What is this about?

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Rampal and 2 Others v. State of U.P. and 3 Others

Case brief

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