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2025 DAILYLAW 29191 (ALL)

JAI SHANKAR PANDEY v. STATE OF U.P. AND 2 OTHERS

CRLP/4687/2025 · 2025-03-20

Nalin Kumar Srivastava, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41364-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 4687 of 2025 Petitioner :- Jai Shankar Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dewesh Kumar Tiwari Counsel for Respondent :- G.A.,Jai Prakash Rao Hon'ble Siddharth,J. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the petitioner; Sri Rajesh Kumar Srivastava, Advocate holding brief of Sri Jai Prakash Rao, learned counsel for the respondent no. 4 and learned A.G.A. for the State respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 19.02.2025, registered as Case Crime No. 0074 of 2025, under Sections- 419, 420, 467, 468, 471 IPC, Police Station- Kotwali, District- Ballia, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 3. There is dispute regarding registered gift deed between the parties. The dispute is purely of civil nature. 4. 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 19.02.2025, registered as Case Crime No. 0074 of 2025, under Sections- 419, 420, 467, 468, 471 IPC, Police Station- Kotwali, District- Ballia, subject to cooperation in ongoing investigation. 5. In case, the accused persons do not cooperate with the investigation, the investigating officer shall be at liberty to file a recall application for recalling this order before this court. Order Date :- 21.3.2025 Rohit (Nalin Kumar Srivastava, J.) (Siddharth, J.) Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad