Single bench dismissed the prayer to quash an FIR but directed authorities to follow strict arrest guidelines under Section 41-A CrPC as per Arnesh Kumar vs. State of Bihar due to the lesser nature of the offences.
Quashing of FIR dismissed; authority directed to follow Section 41-A CrPC arrest guidelines.
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Neutral Citation No. - 2024:AHC:115065-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 11505 of 2024
Petitioner :- Anil Kumar @ Ganesh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar,Mohit Singh Counsel for Respondent :- G.A.
Hon'ble Siddhartha Varma,J. Hon'ble Vikas Budhwar,J.
present case, are punishable with a term up to 7 years, therefore, authorities are directed to ensure the procedure of arrest as per the guidelines of Supreme Court enshrined in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273.
Order Date :- 19.7.2024 PK
(Vikas Budhwar,J.) (Siddhartha Varma,J.)
Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the First Information Report disclosing a cognizable offence under IPC should be quashed.
Whether the petitioner should be granted protection under Section 41-A CrPC instead of quashing the FIR.
Colour shows how this judgement treated each authority
State of Telangana Vs. Habib Abdullah JellaniReferred¶8
State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 · Who else cites this
Neeharika Infrastructure Pvt. Ltd. vs. State of MaharashtraReferred¶8
Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315 · Who else cites this
Arnesh Kumar vs. State of BiharApplied¶10
Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273 · Who else cites this
2 provisions across 1 enactments
Anil Kumar @ Ganesh
State Of U.P.
Siddhartha Varma
Vikas Budhwar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
