SAURABH GUPTA v. STATE OF U.P. THRU. PRIN. SECY. MINISTRY OF HOME LKO. AND OTHERS
CRLP/9476/2024 · 2025-11-11
Rajnish Kumar, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 188605 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 188605 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9476 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Case called out. 2. None for the petitioners. There is no request of adjournment or pass over of the case. 3. This Court passed the following order on 20.12.2024:
"Learned counsel for petitioner has filed supplementary affidavit today in Court and the same is taken on record. Sri Krishna Kumar Singh, Advocate & Sri Jitendra Giri, Advocate have filed joint power on behalf of respondent no.4 today in Court and the same is taken on record. Heard learned counsel for petitioner, learned counsel for respondent no.4 and learned A.G.A. for the State respondents. This petition seeks issuance of writ in the nature of certiorari quashing the First Information Report dated 05.12.2024 bearing Case Crime No.1112 of 2024 registered under Sections 419, 420, 467, 468, 471, 504 & 323 I.P.C. at Police Station-Kotwali Nagar, District-Barabanki. By way of supplementary affidavit, petitioner undertakes that he will file appropriate legal proceedings for cancellation of the sale deed dated 15.10.2011. Petitioner submits that he will not claim any right on the basis of impugned sale deed unless same is decided by appropriate Court in accordance with law. Further submission is that the dispute is purely civil in nature. Prima facie a case for consideration is made out. Respondents are granted four weeks time for filing counter affidavit. Two weeks time thereafter shall be available to petitioner for filing rejoinder affidavit, if any. List thereafter showing name of Sri Krishna Kumar Singh, Advocate & Sri Jitendra Giri, Advocate as counsel for respondent no.4. It is provided that petitioner shall not be arrested till the next date of listing on the basis of impugned First Information Report, unless sufficient and cogent evidence is available against him pointing towards the commission of offence as alleged in the impugned F.I.R. The petitioner shall cooperate in the Versus Counsel for Petitioner(s) : Kapil Gupta, Arjun Verma Counsel for Respondent(s) : G.A., Jitendra Giri, Krishna Kumar Singh Saurabh Gupta .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Ministry Of Home Lko. And Others .....Respondent(s)
investigation, which shall go on. If he does not do so, it shall be a ground vacation of this interim order."
4.
Learned AGA on the basis of telephonic instructions, submits that names of the petitioner Saurabh Gupta has been dropped and the charge sheet dated 28.5.2025 has been forwarded in the matter against all other accused, therefore, this petition has rendered infructuous. 5. Dismissed accordingly. November 11, 2025 Fahim/- CRLP No. 9476 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench