Disposed

Sachin Sharma and 2 Others v. State of Up and 3 Others

Allahabad HC2 Dec 2024CRLP/21892/2024

Case brief

AI extract

What is this about?

This criminal writ petition challenged the First Information Report without requesting quashing. The single-judge bench opined that guidelines from Supreme Court arbitrariness cases regarding arrest procedures were applicable. The court disposed of the petition accordingly without deciding on the quashing prayer.

What did the court decide?

Petition disposed of applying arbitrariness guidelines; no specific relief granted on quashing or arrest.

Sachin Sharma and 2 Others vs State of Up… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:188911-DB

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Court No. - 42

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Case :- CRIMINAL MISC. WRIT PETITION No. - 21892 of 2024

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Petitioner :- Sachin Sharma And 2 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Rajendra Kumar Sonker 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 Sharad Malviya, Advocate has filed his Vakalatnama on behalf of respondent no. 4, which is taken on record.

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Heard Rajendra Kumar Sonkar, learned counsel for the petitioners and Sri Shashidhar Pandey, learned A.G.A. for the State respondents and Sri Sharad Kumar Malviya, learned counsel for the respondent no. 4.

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The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 28.10.2024, registered as Case Crime No. 420, 406, 504 and 506 I.P.C., P.S. Nandgram, District-Ghaziabad.

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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 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

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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

Sachin Sharma and 2 Others v. State of Up and 3 Others

Case brief

What is this about?

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Sachin Sharma and 2 Others v. State of Up and 3 Others

Case brief

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What did the court decide?

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