SATISH KUMAR AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/5960/2025 · 2025-05-25
Ram Manohar Narayan Mishra, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33453 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33453 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:89302-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 5960 of 2025 Petitioner :- Satish Kumar And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nikhil Kumar,Prashant Kanha Counsel for Respondent :- Amrendra Nath Rai,G.A.,Sanjay Singh Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Counter affidavit filed on behalf of the respondent No.4 is taken on record.
2. Heard learned counsel for the petitioners, learned A.G.A. for the State-respondents, learned counsel for the respondent No.4 .
3. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 20.02.2025, registered as Case Crime No.0100 of 2025, under Sections-420 and 406 I.P.C., Police Station- Kaushambi, District-Ghaziabad, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
4. The allegation against the petitioners is that they have executed sale deed of the land in favour of the respondent No.4, but possession has not been delivered.
5. Learned counsel for the respondent No.4 is aggrieved by the fact that the plot number, which shown to the petitioner, has been changed in the sale deed.
6. Learned A.G.A. informs that police investigation is going on.
7. 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 20.02.2025, registered as Case Crime No.0100 of 2025, under Sections-420 and 406 I.P.C., Police Station- Kaushambi, District-Ghaziabad, subject to cooperation in ongoing investigation.
8. The investigation shall be completed by the police within a period of 60 days from the date of production of
certified copy of this order.
9. In case, the petitioners do not cooperate the investigation, it shall be open for the Investigating Officer to file a recall application for recalling this order before this Court through learned A.G.A. Order Date :- 26.5.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad