SHAILENDRA RAM SWARUP YADAV @ SHAILENDRA @ MUNNA YADAV v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
/11084/2025 · 2025-11-24
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DailyLaw.ai
[ 2025 DAILYLAW 175193 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175193 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11084 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard learned counsel for the petitioner, learned A.G.A. appearing on behalf of the State-respondents No. 1, 2 & 3. 2. In view of the proposed order, notice to the respondent No. 4 is hereby dispensed with. 3. By means of the present petition, the petitioner has challenged the impugned FIR dated 07.10.2025 baring FIR/ Case Crime No.0375 of 2025, under sections- 316(2), 115(2), 352, 351(4) of B.N.S. & Section 3(2) (va) of Scheduled Castes and Tribes (Prevention of Atrocities) Act, Police Station- Hasanganj, District- Unnao. 4. At the outset, learned A.G.A. states on the basis of instructions that subsequent to the lodging of the aforesaid FIR, Section 338 of the BNS has also been added. The aforesaid statement is taken on record. 5. The contention of the learned counsel for the petitioner is that from a perusal of the impugned FIR, it emerges that no offence is made out against the petitioner inasmuch as the FIR itself indicates that the money had been taken by one Sri Satish Singh. The further contention is that even if the averments as made in the FIR taken are taken to be true, even then it is a money dispute between the parties and in order to convert the said monetary dispute into one of criminal intent, the impugned FIR has Versus Counsel for Petitioner(s) : D.P. Dutt Tiwari, Umesh Kumar Counsel for Respondent(s) : G.A. Shailendra Ram Swarup Yadav @ Shailendra @ Munna Yadav .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Respondent(s)
been lodged against the petitioner. 6. Considering the aforesaid, this writ petition is disposed of with a direction to the respondent authorities not to take any coercive action against the petitioner till such time some credible evidence is found against him during course of the investigation. 7. It is needless to mention that the petitioner shall co-operate in the investigation and in case the petitioner does not co-operate in the said investigation, the benefit of this order shall not be available to him.
November 24, 2025 (Manoj K.) CRLP No. 11084 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Abdul Moin,J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench