Disposed

Suresh Chandra Tripathi (in Fir Suresh Tiwari) and Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Others

Allahabad HC21 Jul 2025CRLP/6304/2025

Case brief

AI extract

What is this about?

This criminal miscellaneous writ petition sought quashing of an FIR and directions against arrest. The High Court held that given the sentence of up to seven years, police must adhere to Section 41A Cr.P.C. and Supreme Court guidelines on automatic arrest.

What did the court decide?

Direction to police authorities to follow the mandate of Section 41A Cr.P.C. and the Arnesh Kumar guidelines.

Suresh Chandra Tripathi (in Fir Suresh Tiwari) and Others… — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:41600-DB

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6304 of 2025

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Petitioner :- Suresh Chandra Tripathi (In Fir Suresh Tiwari) And Others Respondent : - State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Janardan Dixit Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J.

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Heard learned counsel for the petitioners, learned A.G.A for the State and perused the record.

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This Writ Petition has been filed with the following relief(s):

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"(i) issue a writ order or direction in the nature of Certiorari for quashing the impugned FIR No.-0168/2025, dated 20.06.2025, lodged Under Section- 85, 115(2), 351(3) BNS & 3/4 D. P. Act at Police Station- Sursa, District- Hardoi (contained as Annexure No. 1).

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(ii) issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.3 not to arrest to the petitioners in pursuance of aforesaid FIR No.- 0168/2025, dated 20.06.2025, lodged Under Section- 85, 115(2), 351(3) BNS & 3/4 D. P. Act at Police StationSursa, District-Hardoi by opposite party no. 4."

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It has been submitted by learned counsel for the petitioners that the informant was annoyed with her husband Pratap Tiwari and the petitioners. The husband Pratap Tiwari does not enjoy good or cordial relations with the petitioners, who are his family members. The petitioner No.1 has also submitted an application to the District Magistrate, Hardoi on 09.05.2025 disowning the husband of the informant, evicting him from all of his movable and immovable property on 03.05.2025. A notice in this regard was published in "Amar Ujala".

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Learned A.G.A. has also produced the instructions before this Court. The same is taken on record.

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Since the offences mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 41A Cr.P.C. and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273.

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(Subhash Vidyarthi,J.) (Sangeeta Chandra,J.)

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Order Date : - 21.7.2025/Arvind

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Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Suresh Chandra Tripathi (in Fir Suresh Tiwari) and Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Others

Case brief

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What did the court decide?

Suresh Chandra Tripathi (in Fir Suresh Tiwari) and Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Others

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