MO. UMER KHAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND OTHERS
/11336/2025 · 2025-12-02
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183714 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183714 (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. - 11336 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. Heard learned counsel for the petitioners and learned A.G.A. appearing on behalf of respondents No.1 to 3. 2. No notice be issued to the respondent No.4 taking in view of nature of order proposed to be passed. 3. Under challenge is the F.I.R. dated 29.10.2025 registered as F.I.R. / Case Crime No.0331 of 2025, under Sections 338, 336(3), 340(2), 318(4) of BNS, 2023, Police Station- Baldirai, District- Sultanpur, a copy of which is Annexure-1 to the petition. 4. The contention of learned counsel for the petitioners is that the petitioners are the marginal witnesses of the sale deed of which the purchaser was one Gayatri, a copy of the sale deed is Annexure-4 to the petition. 5. The aforesaid F.I.R. has been lodged by alleging that the seller is not entitled to sell the said piece of land subsequently in favour of Smt. Gayatri, once the said land has been sold out in favour of complainant of impugned F.I.R.
6. The contention is that co-accused Gayatri had approached this court by filing a Criminal Misc. Writ Petition No.10901 of 2025 in Re: Gayatri vs. State of U.P. and Others and this Court, vide order dated 18.11.2025, has disposed of the petition with a direction to the Versus Counsel for Petitioner(s) : Sudhakar Mishra, Gauri Singh Counsel for Respondent(s) : G.A. Mo. Umer Khan And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home, Lko. And Others .....Respondent(s)
respondent-authorities not to arrest the petitioner unless any cogent / credible evidence is found against her. 7. The contention is that the case of the petitioners stands on a better footing inasmuch as, the purchaser of the land in question was Gayatri while the petitioners are only the marginal witnesses to the said sale deed. 8. On the other hand, learned A.G.A. states that the investigation is still going on. 9. Considering the aforesaid, the writ petition is disposed of with a direction to the respondent-authorities not to arrest the petitioners till some cogent or credible evidence is found against them. 10.
It is needless to mention that the petitioners shall co-operate in the investigation, failing which, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. December 2, 2025 S. Shivhare CRLP No. 11336 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench