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Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 5278 of 2025 Petitioner :- Shahzad Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Imran Ullah,Vineet Vikram Counsel for Respondent :- Dharmendra Singh Chauhan,G.A. Hon'ble Siddharth,J. Hon'ble Nalin Kumar Srivastava,J.
1. Heard Sri Imran Ullah, learned senior advocate assisted by Sri Vineet Vikram, learned counsel for the petitioner, Sri Dharmendra Singh Chauhan, learned counsel for the respondent no.4 and learned A.G.A. for the State.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 5.3.2025, registered as Case Crime No.119 of 2025, under Sections 420, 406, 467, 468 IPC, Police Station - Dadri, District -Gautam Budh Nagar, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
3. Learned counsel for the petitioner submits that the dispute between the parties is about violation of rules of contract and instead of availing remedy under the relevant law, F.I.R. has been lodged by the respondent no.4 on account of ulterior motive.
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 concerned, the respondents shall not arrest the petitioner pursuant to the First Information Report dated 5.3.2025, registered as Case Crime No.119 of 2025, under Sections 420, 406, 467, 468 IPC, Police Station - Dadri, District -Gautam Budh Nagar, subject to cooperation in ongoing investigation.
5. In case, the accused does 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 :- 17.4.2025 / ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad