Disposed

Pawan Kumar Singhal and 4 Others v. State of Up and 2 Others

Allahabad HC2 Dec 2024CRLP/21816/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR and directions to prevent arrest under criminal miscellaneous writ petition. Court considered Supreme Court guidelines on arrest, found them applicable, and disposed of the petition without interference.

What did the court decide?

Petition disposed of without quashing FIR or restraining arrest, relying on Supreme Court guidelines.

Pawan Kumar Singhal and 4 Others vs… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:189578-DB

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Court No. - 42

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Case :- CRIMINAL MISC. WRIT PETITION No. - 21816 of 2024

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Petitioner :- Pawan Kumar Singhal And 4 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- G.A.

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

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Sri Ajeet Kumar Singh Solanki, Advocate has filed his Vakalatnama on behalf of informant, which is taken on record.

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Heard Sunil Kumar, learned counsel for the petitioners, Sri Shashidhar Pandey, learned A.G.A. for the State respondents and Sri Ajeet Kumar Singh Solanki, learned counsel for the informant.

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The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 21.11.2024, registered as Case Crime No. 382 of 2024, under sections 1/10, 191(3), 191(2), 125, 115(2), 121(1), 132 Bhartiya Nyaya Sanhita (B.N.S.) and section SC/ST Act, P.S. Jewar, District-Gautam Budh Nagar, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

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Learned counsel for the petitioners states that at present he is not pressing the writ petition for any relief qua-petitioner no. 4 Harish. He further submits that the petitioners are traders and they are running their respective business, having no concern with the alleged offence. In support of his submission, learned counsel for the petitioners has place reliance upon various documents.

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Learned A.G.A. as well as learned counsel appearing on behalf of informant have vehemently opposed the prayer.

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Although the prayer for quashing of FIR has been made, but without insisting on the same, only 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

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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 in 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 without interfering in the same, 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 :- 2.12.2024 Faridul

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Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad

Pawan Kumar Singhal and 4 Others v. State of Up and 2 Others

Case brief

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Pawan Kumar Singhal and 4 Others v. State of Up and 2 Others

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