Petition sought quashing of an FIR under Sections 279, 304-A IPC and direction not to arrest. Court held Apex Court guidelines on mandatory arrest procedures applied and disposed of the petitionily.
Petition disposed of in terms of the referenced judgements regarding mandatory police procedure and arrest restrictions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:100071-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 6294 of 2023
Petitioner :- Chandra Jeet Chauhan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Achchhey Lal Tiwari,Anmol Ratan Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Surendra Singh-I,J.
Heard Shri Achchhe Lal Tiwari, learned counsel for the petitioners and Shri G.P. Singh, learned A.G.A. for the State respondents.
The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 29.01.2023, registered as Case Crime No. 33 of 2023, under Sections 279, 304-A IPC, Police Station Ghosi, District Mau and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
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.
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.
Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above.
Order Date :- 9.5.2023 Brijesh Maurya
Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioners are entitled to quash the FIR and directions against their arrest relying on demonstrated guidelines?
Whether police authorities should have followed Section 41-A Cr.P.C. procedure in the instant case?
Colour shows how this judgement treated each authority
Chandra Jeet Chauhan And Another
State Of U.P. And 2 Others
Vivek Kumar Birla
Surendra Singh-I
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
