Allahabad High Court · 2025-05-27
CRIMINAL MISC. WRIT PETITION No. 10794 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 10794 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 10794 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:90676-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10794 of 2025 Petitioner :- Vijaynarayan Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Shukla Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. 2. Although, the prayer made in this writ petition is to quash the FIR dated 06.03.2025 registered as Case Crime No.0031 of 2025 under Sections 115 (2)/ 351 (2)/ 324 (4) BNS, P.S. Mahrajganj, Distt. Jaunpur, but when the matter has been taken up, learned counsel for the petitioner has submitted that the directions issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 and Md. Asfak Alam v. State of Jharkhand (2023) 7 SCC 69, as well as the recent directives in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (Crl.) No. 3433 of 2023, passed on 31.07.2023, clearly stipulate the procedural safeguards to be followed before arresting an accused. These directions emphasize that arrest should not be made automatically, and po