Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 192154 (ALL)

RAM PRAKASH AND 5 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/22368/2025 · 2025-10-12

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22368 of 2025 Court No. - 43 HON'BLE SALIL KUMAR RAI, J. HON'BLE DIVESH CHANDRA SAMANT, J. Heard the counsel for the petitioners, the A.G.A. representing the respondent nos. 1 & 2 and Shri Lavkush Kumar Bhatt representing the respondent no.3 . The present petition has been filed for the following reliefs:- "I) Issue a writ order or direction in the nature of certiorari to quash the impugned FIR dated 05.09.2025 in Case Crime No. 220 of 2025, under Sections 419, 420, 467, 468, 471, IPC, Police Station: Nawabganj, District: Farrukhabad (Annexure No. 1 to the writ petition). II) Issue a writ order or direction in the nature of mandamus directing to respondents not to arrest the petitioners in pursuance to the impugned F.I.R. and not adopt any coercive action against the petitioners." It has been argued by the counsel for the petitioners that the dispute as referred in the first information report involves a civil question in as much as it involves the validity of the sale deeds executed in the name of Ram Das and also the identity of the petitioners as to whether Ram Das is the name of Ram Prakash, i.e., the petitioner. In view of the aforesaid, the dispute is civil in nature and a criminal colour has been given to it only to harass the petitioners. The AGA and the counsel for respondent no. 3 have opposed the petition. In the circumstances of the case and after considering the rival arguments of the Versus Counsel for Petitioner(s) : Mukesh Kumar Counsel for Respondent(s) : G.A., Lavkush Kumar Bhatt Ram Prakash And 5 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) counsel for the parties, the writ petition is disposed of with a direction that the petitioners shall not be arrested in pursuance to the first information report dated 05.09.2025 in Case Crime No. 220 of 2025, under Sections 419, 420, 467, 468, 471, IPC, Police Station: Nawabganj, District: Farrukhabad till submission of the police report under Section 193 of BNSS, 2023. October 13, 2025 Vipasha CRLP No. 22368 of 2025 2 (Divesh Chandra Samant,J.) (Salil Kumar Rai,J.) Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad