YAWAR HUSAIN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. OTHERS
CRLP/9322/2024 · 2025-11-07
Rajnish Kumar, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176079 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176079 (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. - 9322 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Case called out. 2. None for the parties except learned AGA. 3. This Court passed the following order on 11.12.2024:
"1. Power filed today in the Court by Shri Arun Kumar Shukla, Advocate on behalf of respondent No.4 is taken on record. 2. Office is directed to print/show the name of Shri Arun Kumar Shukla, Advocate as learned Counsel for the respondent No.4 on the next date of listing. 3. Heard learned Counsel for the petitioners, learned Counsel for the respondent No.4 and learned A.G.A. for the State-respondents. 4. By means of this petition, the petitioners have sought quashing of First Information Report dated 03.11.2024 bearing F.I.R./Case Crime No. 0332/2024, under Sections 419, 420, 467, 468, 471 and 120-B IPC, registered at Police Station Wazirganj, District Lucknow. 5. The submission of learned Counsel for the petitioners is that the petitioners are innocent and have been falsely implicated in the present case. The petitioner No.2 has only identified the executor of the alleged sale deed with regard to which the allegation in the FIR is that the same is forged and fabricated and has been wrongly executed without there been any title or ownership. The petitioner No.1 is the father of petitioner No.2, who has no role to play in the entire incident. Thus, their role in the alleged FIR is distinguishable from rest of the accused persons, who have executed the sale deed or played any role in Versus Counsel for Petitioner(s) : Mohd Najrul Abdeen, Abdul Ahad, Jatin Raheja, Prabhat Kumar Mishra, Shaista Parveen, Shobhit Harsh Counsel for Respondent(s) : G.A., Arun Kumar Shukla, Evaz Ali, Mohammad Zaheen Siddiqui, Sayyed Farooq Ahmad Yawar Husain And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Others .....Respondent(s)
executing the same. 6. Therefore, a case for consideration is made out. 7. Let counter affidavit be filed within four weeks. 9. List after four weeks. 10. Considering the submissions made, it is provided that till the next date of listing, the petitioners shall not be arrested on the basis of the impugned First Information Report, unless sufficient and credible evidence is available against them.
The petitioners shall, however, cooperate in the investigation and get their statements recorded before the Investigating Officer as and when they are called. If they do not do so then it can be made a ground for seeking vacation of this interim order."
4. Learned AGA on the basis of instructions dated 7.11.2025 received from Sri Satish Chandra Mishra, SSI/IO, Kotwali Wazirganj, a copy of which has been produced before this Court and taken on record, submits that final report has been forwarded in the matter, therefore, this petition has rendered infructuous. 5. Dismissed accordingly. November 7, 2025 Fahim/- CRLP No. 9322 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench