Disposed

Syed Shoab Ali and 2 Others v. State of U P and 2 Others

Allahabad HC24 Mar 2023CRLP/697/2022

Case brief

AI extract

What is this about?

This criminal miscellaneous writ petition sought quashing of an F.I.R. under various IPC and D.P. Act sections and bail protection. The court followed Apex Court guidelines on mandatory arrest procedures, applying them to the facts and disposing of the petition.

What did the court decide?

Petition disposed of in terms of the judgments noted in para 10 (Arnesh Kumar, etc.).

Syed Shoab Ali and 2 Others Vs State… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 697 of 2022

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Petitioner :- Syed Shoab Ali And 2 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Zafar Abbas Counsel for Respondent :- G.A.,Abhay Raj Singh

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

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List revised. No one is present on behalf of respondent No.3. However, learned counsel for the petitioners and learned AGA for the State are present.

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This case has been listed today under the category of "Mediation Succeeded in Settlement between the parties".

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The relief sought in this petition is for quashing of the F.I.R. dated 20.12.2021 registered as Case Crime No. 0107 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Mahila Thana, District- Bareilly. Further prayer has been made not to arrest the petitioners in the aforesaid case.

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Vide order dated 16.07.2022, the matter was referred to mediation centre. As per mediation report dated 22.02.2023, mediation completed but no agreement has taken place.

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We therefore, proceed to here the learned counsel for the petitioner and learned AGA on merits.

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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 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

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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 :- 24.3.2023 Md Faisal

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Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad

Syed Shoab Ali and 2 Others v. State of U P and 2 Others

Case brief

What is this about?

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Syed Shoab Ali and 2 Others v. State of U P and 2 Others

Case brief

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What did the court decide?

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