Disposed¶9

Asharam Mishra v. State of U.P. through Its Secretary Home Department Lucknow, U.P. and 3 Others

Allahabad HC2 Jan 2025CRLP/23636/2024

Case brief

AI extract

What is this about?

Quashing of FIR; protection from arrest during investigation; Case Crime No.0269 of 2024, P.S. Barsathi, District Jaunpur; Sections 191(2), 191(3), 190, 115(2), 352, 127(2), 351(3), 103(1) B.N.S.; Section 173(2) Cr.P.C.; Section 193(3) BNSS; petitioner not named in FIR; main accused Rekha Mishra surrendered; order dated 10.7.2024 in Criminal Misc. Writ Petition No.7463 of 2024 followed; Allahabad High Court; 2025:AHC:247-DB; Siddharth, J.; Subhash Chandra Sharma, J.; Order Date 2.1.2025.

What did the court decide?

Interim protection: respondents restrained from arresting the petitioner pursuant to the impugned FIR till submission of the police report under Section 173(2) Cr.P.C./193(3) BNSS, subject to cooperation in the ongoing investigation; FIR not quashed. ¶9

Asharam Mishra vs State of U.P. through Its… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the First Information Report dated 27.09.2024 registered as Case Crime No.0269 of 2024 under Sections 191(2), 191(3), 190, 115(2), 352, 127(2), 351(3), 103(1) B.N.S., Police Station Barsathi, District Jaunpur, ought to be quashed. +1 more

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Court's answer

The writ petition seeking quashing of the FIR was disposed of (not allowed) in terms of the reasons given in the order dated 10.7.2024 passed in Criminal Misc. Writ Petition No.7463 of 2024, with a protective direction instead of quashing.

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Ratio / Principle

Till submission of the police report under Section 173(2) Cr.P.C./193(3) BNSS, the respondents are restrained from arresting the petitioner pursuant to the impugned First Information Report, subject to his cooperation in the ongoing investigation.

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Detailed headnote1 paragraphs

Allahabad High Court (Division Bench: Siddharth and Subhash Chandra Sharma, JJ.) disposed of a Criminal Misc. Writ Petition filed by Asharam Mishra seeking quashing of the First Information Report dated 27.09.2024, registered as Case Crime No.0269 of 2024 under Sections 191(2), 191(3), 190, 115(2), 352, 127(2), 351(3) and 103(1), B.N.S., Police Station Barsathi, District Jaunpur. Counsel for the petitioner submitted that the petitioner was not named in the FIR, that main accused Rekha Mishra had already surrendered and been jailed, and that the entire family was being roped in by the police. Following the reasons in the Court's order dated 10.7.2024 in Criminal Misc. Writ Petition No.7463 of 2024, the Court directed that till submission of the police report under Section 173(2) Cr.P.C./193(3) BNSS, the respondents stand restrained from arresting the petitioner pursuant to the impugned FIR, subject to cooperation in the ongoing investigation. Neutral Citation: 2025:AHC:247-DB; Order Date: 2.1.2025.

Asharam Mishra v. State of U.P. through Its Secretary Home Department Lucknow, U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Asharam Mishra v. State of U.P. through Its Secretary Home Department Lucknow, U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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