Disposed

Rakesh Kumar Yadav v. State of U.P. and 3 Others

Allahabad HC23 Jan 2025CRLP/1425/2025

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What is this about?

Allahabad HC DB (neutral citation 2025:AHC:11744-DB), 23.1.2025 — Criminal Misc. Writ Petition 1425 of 2025, Rakesh Kumar Yadav v. State of U.P. FIR Case Crime No. 02 of 2024 (S.420 IPC; S.66C & 66D IT Amendment Act 2008), P.S. Cyber Crime, Moradabad — quashing refused; petition disposed in terms of co-accused order dated 18.4.2024 (W.P. 5446 of 2024, Anil Kumar Dubey) following Arnesh Kumar v. St

What did the court decide?

Petition disposed of in terms of the order dated 18.4.2024 in Criminal Misc. Writ Petition No. 5446 of 2024 (Anil Kumar Dubey): protection from arrest subject to notice under Sections 41/41A Cr.P.C. a

Rakesh Kumar Yadav vs State of U.P. and 3 Others — Dowry and Cruelty | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:11744-DB

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1425 of 2025

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Petitioner :- Rakesh Kumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kumar Vikrant,Pankaj Kumar 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 Sri Ajeet Srivastava, holding brief of Sri Kumar Vikrant, learned counsel for the petitioner and Sri Ajay Kumar Sharma, learned A.G.A. for State respondents.

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This writ petition has been filed for quashing the impugned First Information Report dated 12.1.2024, registered as Case Crime No. 02 of 2024, under Sections 420 IPC and Section 66C & 66 D of the Information Technology (Amendment) Act, 2008, Police Station - Cyber Crime, District Moradabad. Further prayer has been made not to arrest the petitioner in the aforesaid case.

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At the very outset, learned counsel for the petitioner has submitted that protection has been granted to the co-accused by this Court vide order dated 18.4.2024 passed in Criminal Misc. Writ Petition No. 5446 of 2024 (Anil Kumar Dubey Vs. State of UP and others). The order dated 18.4.2024 is quoted below.

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"1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

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2. By means of the present writ petition under Article 226 of the Constitution of India, the petitioner is assailing the legality and validity of the FIR dated 12.01.2024 lodged in Case Crime No. 002, under Sections- 420 I.P.C and 66C and 66D Information Technology (Amendment) Act, Cyber Police Thana, District- Moradabad.

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3. Submission made by learned counsel for the petitioner is that the present FIR is an outcome of dispute between the parties. The offences are punishable under 7 years or less than 7 years.

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The Supreme Court in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 has laid down guidelines for arresting a person, which are being reproduced hereinbelow:-

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"Our endeavour in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorize detention casually and mechanically. In order to ensure what we have observed above, we give the following direction:

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All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41 Cr.P.C.;

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All police officers be provided with a check list containing specified subclauses under Section 41(1)(b)(ii);

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The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;

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The Magistrate while authorizing detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorize detention;

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The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing;

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Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;

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Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, he shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.

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Authorizing detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

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We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine."

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4. In the recent judgment in the case of MD. Asfak Alam Vs. The State of Jharkhand and another passed in Criminal Appeal No. (S) 2207 of 2023 decided on 31.07.2023, the Apex Court has reiterated the guidelines given in the case of Arnesh Kumar (supra).

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5. Taking into account the totality of the fact and circumstances of the case

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and the in the light of the ratio laid down in the case of Arnesh Kumar (supra) and reiterated in the case of MD. Asfak Alam (supra), the freedom of the petitioners is protected, provided if the I.O. of the case gives notice to him as provided under Sections 41 and 41(A) of Cr.P.C. and summon the petitioners in this case, petitioners are obliged to render their fullest cooperation in the investigation.

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6. It is made clear that if some credible material is brought on record during investigation against the petitioner, then only the I.O. of the case after recording its reason may affect the arrest of the petitioner, strictly adhering to the guidelines provided in the case of Arnesh Kumar (supra) and MD. Asfak Alam (supra). It is also directed that the I.O. of the case shall gear up the investigation and conclude the same preferably within a period of 60 days from today and submit its report u/s 173(2) Cr.P.C. in the court of concerned Magistrate.

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7. With the aforesaid observations, the instant writ petition stands disposed off"

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Accordingly, the instant petition also stands disposed of in terms of the judgments noted above.

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Order Date :- 23.1.2025 S.K.S.

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Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad

Rakesh Kumar Yadav v. State of U.P. and 3 Others

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Rakesh Kumar Yadav v. State of U.P. and 3 Others

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