Partly allowed

Kirti Bhushan Singh and Another v. State of Up and 2 Others

Allahabad HC9 Dec 2024CRLP/21907/2024

Case brief

AI extract

What is this about?

The High Court refused to quash a criminal FIR as it disclosed cognizable offences. However, the Court directed that if petitioners are arrested, arresting authorities must strictly comply with arrest procedure provisions of CrPC and BNS 2023 and relevant Apex Court guidelines regarding custodial arrests in non-bailable offences punishable up to seven years.

What did the court decide?

Refused to quash FIR; directed strict compliance with arrest procedure sections and guidelines if petitioners are arrested in pursuance of FIR.

Kirti Bhushan Singh and Another vs State of Up and 2 Others — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:192661-DB

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Court No. - 42

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Case :- CRIMINAL MISC. WRIT PETITION No. - 21907 of 2024

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Petitioner :- Kirti Bhushan Singh And Another Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Vinay Kumar Pandey 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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Although, the prayer made in this writ petition is to quash the FIR dated 05-11-2024 registered as Case Crime No. 524 of 2024 under Sections 191(2), 333, 351(2) of B.N.S., Police Station Shivpur, District Varanasi, but when the matter has been taken up, learned counsel for the petitioners has submitted that offences, complained of, are punishable only up to seven years and therefore, before effecting the arrest of the petitioners, 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 petitioners 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 the petitioners 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 Hon'ble Apex Court in the case of Arnesh Kumar Vs.

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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 stands disposed of.

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Order Date :- 9.12.2024

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pks

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Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Kirti Bhushan Singh and Another v. State of Up and 2 Others

Case brief

What is this about?

What did the court decide?

Kirti Bhushan Singh and Another v. State of Up and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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