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2025 DAILYLAW 18734 (ALL)

PANKAJ UPADHYAY v. STATE OF U.P. AND 3 OTHERS

CRLP/2758/2025 · 2025-03-10

Prashant Bilgaiyan Registrar J Criminal, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35564-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 2758 of 2025 Petitioner :- Pankaj Upadhyay Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandeep Kumar Pandey Counsel for Respondent :- Rajiv Kumar Mishra,G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. Heard Shri Sandeep Kumar Pandey, learned counsel for the petitioner; Shri Rajiv Kumar Mishra, learned counsel for the informant and learned A.G.A. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 9.7.2024 registered as Case Crime No. 0071 of 2024, under sections- 406,420,409,120-B IPC Police Station- Gyanpur District - Bhadohi, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. There is dispute regarding money transaction. It is not clear whether petitioner is beneficiary or not.Investigation is still going on. Learned counsel for the informant informs that petitioner has withdrawn Rs. 9,75,000/- from the Firms' account. However it is not clear whether withdrawal has been made from the same account or not. Under the totality of facts and circumstances of the case,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 9.7.2024 , subject to cooperation in ongoing investigation. Order Date :- 11.3.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad