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2025 DAILYLAW 29411 (ALL)

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

CRLP/4812/2025 · 2025-04-24

Nand Prabha Shukla, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63635-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 4812 of 2025 Petitioner :- Pushplata Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Agrawal,Prashant Pandey Counsel for Respondent :- Sanjay Kumar Shukla,G.A. Hon'ble Siddharth,J. Hon'ble Ms. Nand Prabha Shukla,J. 1. Heard Sri Arvind Agrawal, learned counsel for the petitioner; learned counsel for respondent no. 4 and learned A.G.A. for the State respondents. 2. Counter-affidavit filed on behalf of respondent no.4 is taken on record. 3. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 04.05.2024 registered as Case Crime No. 190 of 2024, under sections- 419, 420, 467, 468, 471, 447, 506, 120-B of IPC, Police Station- Kotwali, District - Ghazipur and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 4. The allegations in the F.I.R. is that mutation order has been fraudulently obtained by the petitioner showing the informant as dead. It is alleged that deceased-father of the petitioner had married thrice and has left behind children born from all the three wives. Petitioner is step sister of informant. There is complex civil dispute between the parties. F.I.R. has been lodged on account of ulterior motives. 5. 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 with the direction that that till cognizance taken on police report under Section 173(2) Cr.P.C.,the respondents are restrained from arresting the petitioners pursuant to the First Information Report, subject to cooperation in ongoing investigation. Order Date :- 25.4.2025//Abhishek (Ms. Nand Prabha Shukla,J.) (Siddharth,J.) Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad