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2025 DAILYLAW 184498 (ALL)

SHIV BARAN VERMA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/10450/2025 · 2025-11-07

Abdul Moin, Rajeev Bharti

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10450 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE RAJEEV BHARTI, J. 1. Heard learned counsel for the petitioners, learned AGA appearing for the State-respondents no.1 to 3 and Shri Surya Prakash Singh, Advocate who has appeared on behalf of the respondent no.4 by filing vakalatnama which is taken on record. 2. With the consent of the parties, the matter is being decided finally. 3. Instant petition has been filed praying for quashing of the first information report dated 16.10.2025 bearing no.0583 of 2025, under Sections 419, 420, 467, 468, 471, 504, 506 IPC lodged at Police Station Kotwali Nagar, District Ayodhya. 4. The contention of learned counsel for the petitioners is that the respondent no.4 has lodged the aforesaid FIR by invoking the provision of Section 156(3) CrPC which has been filed in April, 2025 alleging that the petitioner no.1 had obtained appointment in the Chakbandi Department in June, 1998 and despite the petitioner no.1 having been dismissed from service in March, 1999, the salary that he had withdrawn for the aforesaid period, has not been recovered and thus, an embezzlement has been committed by him. 5. The argument is that apart from the fact that the third person has lodged the aforesaid FIR and that too by roping the son of the petitioner, who Versus Counsel for Petitioner(s) : Ajay Kumar Gupta, Ambrish Kumar Pandey Counsel for Respondent(s) : G.A. Shiv Baran Verma And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) allegedly had no role in the matter, yet the fact remains that lodging of the instant FIR after a long period of time itself indicates that there is something more than meets the eye. 6. On the other hand, learned AGA has argued that since cognizable offence is made out, as such, an FIR can be lodged by any person. 7. Considering the aforesaid, the petition is disposed of with a direction to the respondents to not proceed against the petitioners unless some credible evidence is found against them during the course of investigation. November 7, 2025 Shravan CRLP No. 10450 of 2025 2 (Rajeev Bharti,J.) (Abdul Moin,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench