Neutral Citation No. - 2025:AHC:12719-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 1508 of 2025 Petitioner :- Pratyush Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Rai,Sr. Advocate Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Nalin Kumar Srivastava,J. 1. Sri Padmaker Pandey, Advocates, has filed his vakalatnama on behalf of the informant/respondent no.3, which is taken on record. 2. Heard Sri Kamal Krishna, learned Senior Counsel, assisted by Sri Pradeep Kumar Rai, learned counsel for the petitioners, learned AGA for the State-respondents and pursed the record. 3. The writ petition has been filed praying for quashing the First Information Report dated 14.01.2025, registered as Case Crime No.16 of 2025, under Sections-320, 332(c), 335, 336(3), 338, 340(2), B.N.S., Police Station Naubasta, District Kanpur Nagar. 4. There are allegations against the petitioners that they have purchased the property, which is recorded in the name of respondent no.3, who is the rightful owner of the property and his right is existing thereon. The FIR has been lodged alleging therein that the petitioner no.1 has purchased the property from a third party and petitioner no.2 is the witness of the disputed sale deed. 5. Learned counsel for both the parties agreed that a civil suit has already pending between the parties in this regard. 6. Sri Kamal Krishna, learned Senior Counsel, assisted by Sri Pradeep Kumar Rai, informed that in the said civil suit the respondent no.3 can always filed a written statement and lodging of the FIR is not in accordance with law. 7. Learned counsel for respondent no.3 as well as learned A.G.A have opposed the submissions made by learned counsel for the petitioners. 8. For the reasons given in the order dated 10.7.2024 passed in Criminal Misc. Writ Petition No.7463 of 2024, this writ petition is disposed of directing that till submission of police report under Section 173(2) Cr.P.C./193(3)BNSS, the respondents are restrained from arresting the petitioners pursuant to the impugned First Information Report, subject to cooperation in ongoing investigation. Order Date :- 24.1.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad