RANJEET KUMAR MAURYA AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 2 OTHERS
/1874/2025 · 2025-12-12
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198075 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198075 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1874 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Supplementary affidavit filed by learned counsel for the applicants is taken on record. 2. Heard Sri Dinesh Chandra Shukla, learned counsel for the applicants assisted by Sri Vishal Yadav, Advocate and Sri Arun Kumar Verma, learned A.G.A. for the State. 3. This application has been filed with the following prayer:-
"To quash the impugned order dated 17.10.2025 passed by learned Additional Chief Judicial Magistrate, Court No.3, Distt. Ayodhya arising out of Case Crime No.427/2025 u/s 316(2), 352, 351(3) BNS, P.S. Inayatnagar, Distt.- Ayodhya and entire proceedings of Case Crime No.427/2025."
4. Sub Inspector- Mr. Amar Bahadur Singh, Police Station- Inayatnagar, District- Ayodhya is present today before this Court alongwith complete instructions. 5. Learned counsel for the applicants submits that the applicants have falsely been implicated in a number of cases and out of 13 cases, they have been enlarged on bail in 11 cases. The F.I.R. of the case in question was lodged on the basis of concocted facts with the allegation that amount of Rs. 31 lakhs was taken with the assurance that the said amount would be multiplied. It is further alleged therein that the said money was asked Versus Counsel for Applicant(s) : Dinesh Chandra Shukla, Vishal Yadav Counsel for Opposite Party(s) : G.A. Ranjeet Kumar Maurya And Another .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 2 Others .....Opposite Party(s)
to be returned by the complainant, then the applicants issued a cheque dated 30.06.2025 amounting Rs. 25 lakhs, and when the said cheque was placed before the Bank, it came into his knowledge that the said Bank is already merged with other Bank, as a result, he made complaint, then he was abused and life threat was also given to him. It is further submitted that the applicants are jail since 15.06.2025, hence, question does not arise for issuance of the cheque dated 30.06.2025. This fact is improbable that the complainant interacted with the applicants for making complaint about the cheque, which was not honoured, then he was abused and life threat was also given to him. All these facts were not considered by the Remand Magistrate. It is admitted by the applicants' counsel that the aforesaid points were not raised before the Remand Magistrate.
It is next submitted by the applicants' counsel that the applicants were already in jail, hence, the custody warrant was issued in the present case to the Investigating Officer. Thus, the submission is that the order passed by the Remand Magistrate is illegal and the same is liable to be set aside. 6. Learned A.G.A. vehemently opposes the prayer of the applicants. He submits that the verbatim of the F.I.R. has wrongly been interpreted by the applicants, and the cheque in question was given on 30.03.2024 amounting Rs. 25 lakhs bearing cheque no. 000766, Allahabad Bank, Branch Anjrauli, Bikapur, Ayodhya by mentioning the date as
30.06.2025. The said cheque was a postdated cheque. In the F.I.R., it is categorically mentioned that on 30.03.2024, the aforesaid cheque was provided. He further submits that during the course of investigation, the aforesaid fact was also examined and it is found by the Investigating Officer that a postdated cheque was given by the applicants. He next submits that the applicants' counsel submission, with regard to the fact that the cheque was handed over on 30.06.2025, is not correct. He also submits that the allegation of threat given by the applicants to the complainant is also a subject matter of investigation, hence, there is no illegality in the order passed by the Remand Magistrate. 7. The Investigating Officer submits that the investigation has been NA528 No. 1874 of 2025 2
concluded and the record has also been forwarded to the supervising officer as well as to Joint Director, Prosecution. 8. Considering the submissions of learned counsel for the parties and perusing the record including the original complaint placed before this Court alongwith the case diary, the record reveals that the cheque in question was a postdated cheque, which was given on 30.03.2024 mentioning the date as 30.06.2025 amounting Rs. 25 lakhs. The submission raised on behalf of the applicants, with regard to the fact that the cheque could not be handed over on 30.06.2025 because the applicants were in jail since 15.06.2025, is incorrect.
The allegation, i.e, the applicants scolded the complainant, is also a subject matter of investigation. Therefore, there is no illegality in the remand order passed by the Magistrate. 9. With the above observations, the application, being misconceived, is dismissed. 10. The Investigating Officer is further directed to ensure that the police report be submitted to the Court concerned, expeditiously. December 12, 2025 Arpan NA528 No. 1874 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench