Disposed¶10

Indrajit and 4 Others v. State of U.P. and 3 Others

Allahabad HC20 Jan 2025CRLP/894/2025

Case brief

AI extract

What is this about?

Quashing of FIR refused; disposal in terms of Arnesh Kumar / Satendra Kumar Antil guidelines; arrest protection; Section 41-A Cr.P.C. procedure; offences punishable up to seven years; Sections 498A, 323, 506 IPC; Section 3/4 D.P. Act; Case Crime No. 0806 of 2024; P.S. Kotwali, District Mainpuri; reliance on Arnesh Kumar (2014) 8 SCC 273, Social Action Forum for Manav Adhikar, Satendra Kumar Antil (2022) 10 SCC 51, Vimal Kumar 2021 (2) ACR 1147; Allahabad High Court; CRIMINAL MISC. WRIT PETITION 894 of 2025; 2025:AHC:8608-DB; decided 20.1.2025.

What did the court decide?

Petition disposed of in terms of the judgments noted above; the Apex Court guidelines (including Section 41-A Cr.P.C. procedure) held applicable to the petitioners; no interference with (no quashing of) the impugned FIR. ¶10

Indrajit and 4 Others vs State of U.P. and 3 Others — Dowry and Cruelty | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:8608-DB

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 894 of 2025

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Petitioner :- Indrajit And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar Yadav 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 Pradeep Kumar Yadav, learned counsel for the petitioners and Shri Ajay Kumar Sharma, learned A.G.A. 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 12.12.2024, registered as Case Crime No. 0806 of 2024, under Sections 498A, 323, 506 IPC and Section 3/4 D.P. Act, Police Station Kotwali, District Mainpuri 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 :- 20.1.2025 Nitendra

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

Indrajit and 4 Others v. State of U.P. and 3 Others

Case brief

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Indrajit and 4 Others v. State of U.P. and 3 Others

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