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2025 DAILYLAW 29067 (ALL)

AKHILESH PANDEY v. STATE OF U.P. AND 3 OTHERS

CRLP/4706/2025 · 2025-03-19

Mohd Azhar Husain Idrisi, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40579-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 4706 of 2025 Petitioner :- Akhilesh Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Mishra Counsel for Respondent :- Adil Jamal,G.A.,Shaila Mishra Hon'ble Siddharth,J. Hon'ble Mohd. Azhar Husain Idrisi,J. Heard learned counsel for the petitioner, learned counsel for the informant and learned A.G.A. On 12.3.2025 following order was passed:- "1. Heard learned counsel for the petitioner, learned counsel for the informant and learned AGA for the State- respondent. 2. At the very outset, learned counsel for the informant has placed an order dated 31.01.2025 passed in Criminal Misc. Writ Petition No. 1753 of 2025 (Satish Chandra Tiwari and 6 others vs. State of U.P. and 3 others), whereby the prayer of other co-accused has already been dismissed. 3. Per contra, learned counsel for the petitioner states that in the aforementioned case, the petitioner was also one of the victim and the instant matter is distinguishable. He claims that neither the petitioner is seller nor beneficiary of the alleged property. 4. In order to facilitate the parties to distinguish the matter from Satish Chandra Tiwari (supra), the matter is adjourned. 5. Learned AGA may also take instruction taking into consideration the averments made above. 6. Put up this matter on 20.03.2025, as fresh. 7. Till the next date of listing, no coercive action shall be taken against the petitioner in the instant proceedings." No counter affidavit has been filed by learned counsel for the respondent no.4. Police is investigating matter,therefore, this court does not intends to interfere with the same. Under the facts and circumstances of this case and for the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of 2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others) the writ 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 14.01.2025, registered as Case Crime No. 16 of 2025, under sections- 419,420,467,468,471 I.P.C. Police Station- Mahrajganj, District- Azamgarh, subject to cooperation in ongoing investigation. Order Date :- 20.3.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad