Disposed

Dharmendra Kumar Yadav and 3 Others v. State of Up and 3 Others

Allahabad HC4 Dec 2024CRLP/21488/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of an FIR registered under BNS 2023 sections punishable up to seven years. Court dismissed the petition qua arrested petitioners nos.2-4 as not pressed, declined to quash the FIR against petitioner no.1 citing Supreme Court precedent on non-interference with FIRs, but directed strict compliance with Section 41/41-A CrPC and Section 35 BNSS safeguards and Arnesh Kumar

What did the court decide?

FIR not quashed; directions issued that arrest provisions under S.41/41-A CrPC and S.35 BNSS 2023 and Arnesh Kumar guidelines be strictly followed before arrest of petitioner no.1.

Dharmendra Kumar Yadav and 3 Others vs State of Up and 3… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:190488-DB

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Court No. - 42

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Case :- CRIMINAL MISC. WRIT PETITION No. - 21488 of 2024

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Petitioner :- Dharmendra Kumar Yadav And 3 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Arya Suman Pandey,Tushar Pandey,Zafar Ahmad Khan Counsel for Respondent :- G.A.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

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Heard learned counsel for the petitioners, learned AGA for the State and perused the record.

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Learned counsel for the petitioners submits that as petitioner nos.2, 3 & 4 have already been arrested, the relief is being claimed with regard to petitioner no.1 and the writ petition qua petitioner nos.2, 3 & 4 may be dismissed as not pressed.

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Accordingly, the writ petition insofar as it relates to petitioner nos.2, 3 & 4 is dismissed as not pressed.

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Insofar as petitioner no.1 is concerned, although, the prayer made in this writ petition is to quash the FIR dated 03.11.2024, registered as case crime no.0441 of 2024, under Sections 191 (2), 115 (2), 351(2), 351(3), 74, 110 B.N.S., 2023, P.S. Civil Lines, District Nagar Commissionerate, Prayagraj, but when the matter has been taken up, learned counsel for the petitioner has submitted that offences, complained of, are punishable only up to seven years and therefore, before effecting the arrest of the petitioner, specific provisions contained in Section 41(1)(b) and Section 41-A of CrPC/Section 35(3) to 35(7) of Bhartiya Nagrika Suraksha Sanhita, 2023 be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments.

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We have perused the FIR, which prima facie discloses cognizable offences against the petitioner and therefore, the prayer made to quash the FIR cannot be entertained in view of law laid down by Hon'ble Apex Court in the cases of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and as such, we are of the view that no interference is warranted.

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However, considering the fact that all the offences, complained of in the impugned FIR, are punishable with a term up to seven years, therefore, in case of effecting the arrest of petitioner no.1 in pursuance of the impugned FIR, it is directed that the respondents/ authorities shall ensure that the specific provisions contained in Section 41(1)(b) and Section 41-A of CrPC/Section 35(3) to 35(7) of Bhartiya Nagrika Suraksha Sanhita, 2023 and the guidelines issued by

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Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 as well as the directions issued in judgement and order dated 28.01.2021 of this Court passed in Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and 3 Others Vs. State of U.P. and 3 Others) reported in 2021 (2) ACR 1147 , be strictly complied with.

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With the aforesaid observations, the instant writ petition with regard to petitioner no.1 stands disposed of.

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Order Date :- 4.12.2024 S.P.

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Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad

Dharmendra Kumar Yadav and 3 Others v. State of Up and 3 Others

Case brief

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Dharmendra Kumar Yadav and 3 Others v. State of Up and 3 Others

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