SAZIA ZAFARI AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/7296/2025 · 2025-08-20
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156787 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156787 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48693-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7296 of 2025 Petitioner :- Sazia Zafari And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Anuj Pandey Counsel for Respondent :- G.A.,Anupriya Agarwal,Rakesh Kumar Agarwal,Saksham Agarwal Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Anuj Pandey, learned counsel for the petitioners, Sri G.D. Bhatt, learned AGA for the State, Sri Saksham Agarwal, learned counsel who has appeared for opposite party No.4 being a Caveator and perused the record.
2. By means of this petition, the petitioners have assailed the impugned FIR dated 17.07.2025 bearing FIR/Case Crime No.0172 of 2025 under Sections 406, 420, 467, 468, 471 & 506 I.P.C. registered at Police Station Mahanagar, District Lucknow.
3. Learned counsel for the petitioners has stated that the present petitioners have falsely been implicated as they have not committed any offence as alleged.
4. Further attention has been drawn towards the impugned FIR, wherein the date of incident has been indicated as 01.03.2024 but the FIR has been lodged on 17.07.2025 without explaining the aforesaid inordinate delay. He has further submitted that all the petitioners are the marginal witness of two power of attorney and those two power of attorneys are an authenticated document as those power of attorney are not forged document. Being a marginal witnesses in two valid power of attorneys, they may not be implicated in the FIR, even if, other accused persons have fraudulently misused those power of attorneys to purchase or sale out other piece of land for which those power of attorneys were not given, in that case at least the present petitioners may not be held responsible. The petitioners are neither the beneficiary of the fraudulent transaction, if any, no amount has been transferred in their accounts. The investigation is going on and the present petitioners undertake that they shall cooperate in the investigation.
5. Sri Saksham Agarwal, learned counsel for opposite party No.4 as well as Sri G.D. Bhatt, learned AGA has submitted that since the investigation is going on so the petitioners may be
directed to participate in the investigation and after completion of investigation, the police report may be filed strictly in accordance with law, therefore, both the learned counsel for the opposite parties have stated that they are not willing to file counter affidavit at this stage.
6. Having considered the submission of learned counsel for the parties, we hereby dispose of this petition finally at the admission stage directing the petitioner to participate in the investigation, for that they shall appear before the Investigating Officer on 27.08.2025 at 11.00 am. sharp. They shall further cooperate in the investigation till filing of the police report, failing which the protection of this order may be withdrawn on the application being filed by the informant or by the State.
7. In view of what has been stated above, the petitioners may not be harassed by the police agency/Investigating Officer till completion of the investigation and filing of the police report subject to their proper cooperation.
Order Date :- 20.8.2025 Reena/- (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench