Disposed

Shri Udit Mishra and Another v. State of U.P. and 3 Others

Allahabad HC21 Jan 2025CRLP/1063/2025

Case brief

AI extract

What is this about?

Writ petition sought quashing of an FIR under Sections 420 and 406 IPC and protection from arrest. The court declined to interfere with the FIR but directed that the Arnesh Kumar and Satendra Antil guidelines on arrest procedure be followed.

What did the court decide?

Petition disposed of directing compliance with Section 41-A Cr.P.C. and Apex Court arrest guidelines; no arrest protection beyond that granted.

Shri Udit Mishra and Another vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:9916-DB

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1063 of 2025

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Petitioner :- Shri Udit Mishra And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jaideep Pandey Counsel for Respondent :- G.A.

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Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J.

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Heard Shri Jaideep Pandey, learned counsel for the petitioners and Ms. Mayuri Malhotra, learned Brief Holder for the State respondents.

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The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 27.12.2024 registered as Case Crime No. 577 of 2024, under Sections 420 and 406 IPC, Police Station Swaar, District Rampur and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

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Although 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, 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 :- 21.1.2025 Nitendra

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Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad

Shri Udit Mishra and Another v. State of U.P. and 3 Others

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Shri Udit Mishra and Another v. State of U.P. and 3 Others

Case brief

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