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2025 DAILYLAW 10570 (ALL)

APOCALYPSE STEEL AND POWER LIMITED v. STATE OF UTTAR PRADESH AND 2 OTHERS

CRLP/2126/2025 · 2025-02-27

Prashant Bilgaiyan Registrar J Criminal, Siddharth

body2025

Judgment text

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Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 2126 of 2025 Petitioner :- Apocalypse Steel And Power Limited Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Praveen Kumar Singh,Syed Imran Ibrahim Counsel for Respondent :- Atul Srivastava,G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. Heard learned counsel for the petitioner; Sri Atul Srivastava, learned counsel for respondent no.3; learned AGA for State and perused the material on record. The present writ petition has been preferred for quashing the FIR dated 5.4.2024 being Case Crime No. 0084 of 2024, under Sections 420, 406, 467, 468, 471, 504, 506 IPC, Police Station Badalpur, District Commissionerate Gautam Budh Nagar, against the petitioner only and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR. It appears that there are business/contractual relationship between the parties. Learned counsel for the petitioner has submitted that FIR has been lodged on account of ulterior motives. Investigating Officer is already investigating the allegations made in the FIR. The matter requires consideration. All the respondents may file counter affidavit within four weeks. The petitioners will have two weeks, thereafter, to file rejoinder affidavit. List this case after six week. Till the next date of listing or till the cognizance taken on the police report under Section 173(2) Cr.P.C. by the court below, whichever is earlier, the petitioner shall not be arrested pursuant to the impugned F.I.R., provided he cooperate with the investigation in question. Order Date :- 28.2.2025 Ruchi Agrahari (Praveen Kumar Giri,J.) (Siddharth, J.) Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad