Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 197266 (ALL)

RAVI SHANKAR JAISWAL v. THE STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLP/10737/2025 · 2025-11-14

Abdul Moin, Babita Rani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10737 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. Heard learned counsel for the petitioner and learned AGA for the State- respondents no. 1 to 3. In view of the proposed order notice to respondent no. 4 is dispensed with. This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of certiorari for quashing of impugned First Information Report dated 27.3.2023 registered as Case Crime No. 0055 of 2023 under Sections 419, 420, 467, 468 & 471 IPC at P.S. Tanda, District Ambedkar Nagar and not to arrest the petitioners pursuant to the impugned FIR. The contention of the learned counsel for the petitioners is that the impugned FIR has been lodged by respondent no. 4, who is the cousin brother of the petitioner, alleging that the petitioner had got a fake death certificate of the complainant's father issued on 7.11.2022. The argument is that the petitioner never got a death certificate of the complainant's father issued. If the respondent authorities are of the view that the said certificate was in fact issued under the petitioner's signatures, it was their duty to send the signatures for expert examination. Without doing so, the respondent authorities cannot proceed against the petitioner. On the other hand, learned AGA, on the basis of instructions, states that the investigation is still continuing. Considering the aforesaid, writ petition is disposed of with a direction to the respondents not to take any coercive action against the petitioner Versus Counsel for Petitioner(s) : Mohd.Yasin, Manish Kumar Yadav, Praveen Kumar Yadav Counsel for Respondent(s) : G.A. Ravi Shankar Jaiswal .....Petitioner(s) The State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) unless some cogent and credible evidence is found against him. However, the petitioner shall cooperate in the investigation. November 14, 2025 AKK CRLP No. 10737 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench