Extracted from the PDF above. The PDF is authoritative.
Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 2631 of 2025 Petitioner :- Shiv Chandra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aishwarya Pratap Shahi,Parijat Srivastava Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J.
1. Amendment application filed by petitioner, is taken on record.
2. Amendment application is allowed.
3. Learned counsel for petitioner is permitted to carry out necessary amendment during the course of the day.
4. Heard learned counsel for the petitioner and learned A.G.A for the State.
5. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 03.02.2025 registered as Case Crime No. 0045 of 2025 under sections- 420, 467, 468, 471 IPC, Police Station- Kotwali, District - Shahjahanpur and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
6. The allegations against the petitioner is that petitioner submitted the defective FDR as surety for getting licence of liquor shop.
7. Learned counsel for the petitioner submits that there is more amount of surety with the department than required. Even otherwise the licence has been cancelled and the dispute does not amounts to any criminal offence. Police investigation is still under way.
8. Petition is disposed of directing that till cognizance is taken on police report under Section 173(2) Cr.P.C., by the court the respondents shall not arrest the petitioner pursuant to the First Information Report dated 03.02.2025 registered as Case Crime No. 0045 of 2025 under sections- 420, 467, 468, 471 IPC, Police Station- Kotwali, District - Shahjahanpur, subject to
cooperation in ongoing investigation.
9. In case, the accused persons do not cooperate with the investigation, the investigating officer shall be at liberty to file a recall application for recalling this order before this court. Order Date :- 13.2.2025 Md Faisal (Praveen Kumar Giri,J.) (Siddharth,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad