HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10739 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Supplementary affidavit filed today on behalf of the petitioners is taken on record. 2. Heard learned counsel for the petitioners as well as learned AGA appearing on behalf of respondents No. 1 & 2 and Sri Vijay Prakash Srivastava, learned counsel for respondent No.3. 3. By means of the present petition, the petitioners have raised a challenge to the FIR dated 11.09.2025 vide Case Crime No.0229 of 2025 under Sections 420 & 409 I.P.C. registered at Police Station Bhadosarai, District Barabanki. 4. The contention of learned counsel for the petitioners is that the petitioner No.1 along with the petitioner No.2 who is the son of the erstwhile Pradhan in the year 2021 are alleged to have sold of certain crop of wheat through an auction, but did not deposit the same in the State exchequer. 5. Placing reliance on the statement as given before the Sub Divisional Magistrate, Barabanki, a copy of is Annexure SA-1 to the supplementary affidavit, the contention of learned counsel for the petitioners is that the petitioners have specifically stated that on account of heavy rain the said crop was destroyed and consequently there cannot be any occasion for an auction to have taken place and for the petitioners to have usurped the money. 6. On the other hand, learned counsel appearing for the respondent No.3 has placed reliance on the Superdiginama dated 02.04.2021, a copy of which is Versus Counsel for Petitioner(s) : R.N. Shukla, Kuldeep Dubey Counsel for Respondent(s) : G.A., Vijay Prakash Srivastava Parvesh Kumar And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others .....Respondent(s) Annexure-6 to the writ petition to contend that the said document indicates that the crop has been given in the custody of the petitioners. 7. Upon pointed query being put, learned AGA states on the basis of instructions sent by Naib Tehsildar, Tehsil Sirauli Gauspur, District Barabanki dated 14.11.2025 that there is no document available in the records to indicate that the auction ever took place. 8. Considering the aforesaid contrary view as emerges from the perusal of the FIR viz a viz the document on which reliance has been placed by the learned counsel for the petitioners, the writ petition is disposed of with the direction to the respondents authority not to take any coercive action against the petitioners in pursuance to the impugned FIR till filing of the police report. 9. Needless to mention that the petitioners shall cooperate in the investigation. 10. It is also provided that in case the petitioners do not cooperate in the said investigation it would be open for the Investigating Officer or the complainant to file appropriate application for vacation of this order. 11. It is expected that the investigation would be concluded expeditiously. . (Mrs. Babita Rani,J.) (Abdul Moin,J.) November 19, 2025 Reena/- CRLP No. 10739 of 2025 2 Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench