Writ petition sought quashing of an FIR under Section 305 BNS and protection from arrest. The Court declined to interfere with the FIR but disposed of the petition in terms of Apex Court guidelines on Section 41-A Cr.P.C. arrest procedures for offences punishable up to seven years.
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Neutral Citation No. - 2024:AHC:188922-DB
Court No. - 42
Case :- CRIMINAL MISC. WRIT PETITION No. - 21890 of 2024
Petitioner :- Shabana And 2 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Imran Mabood Khan Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
Order Date :- 2.12.2024 Faridul
Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad
1 issue framed by the court
Whether police must follow Section 41-A Cr.P.C. procedure before arresting the petitioners in the FIR case where offences are punishable up to seven years.
Colour shows how this judgement treated each authority
Arnesh Kumar Vs. State of BiharRelied on¶3
Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 · Who else cites this
Social Action Forum for Manav Adhikar Vs. Union of IndiaRelied on¶3
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
Satendra Kumar Antil vs. Central Bureau of Investigation and AnotherRelied on¶3
Satendra Kumar Antil vs. Central Bureau of Investigation and Another (2022) 10 SCC 51 · Who else cites this
Vimal Kumar & 3 others Vs. State of U.P. & 3 othersRelied on¶3
Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147
2 provisions across 2 enactments
Shabana And 2 Others
State Of Up And 3 Others
Mahesh Chandra Tripathi
Prashant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
