Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:34757-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 2454 of 2025 Petitioner :- Bhagwan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Preet Pal Singh Rathore Counsel for Respondent :- Abhishek Kumar Yadav, Daya Shanker Yadav,G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J.
Order on Criminal Misc. Correction Application No. 2 of 2025
1. Sri Preet Pal Singh Rathore, learned counsel for the petitioner has mentioned the case in the morning and he has served information of this case being taken up as such on Sri Abhishek Kumar Yadav, learned counsel for respondent No.3. The information slip served upon the counsel for the respondent is taken on record.
2. Learned counsel for the petitioner submits that it appears that the order of some other case has been transcribed inadvertently in the order dated 3.3.2025 passed in the present writ petition. This writ petition was finally disposed of on 3.3.2025.
3. Since, the present writ petition was disposed of as per the status report hence the
order passed in the above writ petition is being replaced by following order in place of order which was wrongly transcribed :
"Heard Sri Preet Pal Singh Rathore, learned counsel for the petitioner and learned A.G.A. for the State. The writ petition seeks quashing of the F.I.R. dated 14.12.2024 registered as Case Crime No. 452 of 2024 under Sections 318(4), 336(3), 338 & 340(2) of B.N.S. at Police Station - Bilsi, District - Budaun. Counsel for the petitioner submits that a disputed agreement to sale was executed on 7.11.2024 and was cancelled on 18.11.2024. Even otherwise, mere execution of an agreement to sale does not create any right, title or interest in the land in dispute. The F.I.R. has been lodged on account of ulterior motives. Learned A.G.A. has opposed the submissions made by learned counsel for the petitioner and has submitted that the police is investigating the allegations made in the F.I.R. For the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of 2024 (Shobit Nehra
And Another Vs. State of U.P. and 2 Others) the writ petition is
disposed of with the direction that that till submission of police report under Section 173(2) Cr.P.C., (Now 193 (3) of B.N.S.S.), the respondents are restrained from arresting the petitioner pursuant to the First Information Report, subject to his cooperation in the ongoing investigation."
4. In view of the above, this correction application is allowed.
Order Date :- 10.3.2025 DKS Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad