Neutral Citation No. - 2025:AHC:51722-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6591 of 2025 Petitioner :- Gurdeep Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Jaiswal Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner, learned AGA for the State respondent and perused the record. 2. The instant writ petition is preferred by the petitioners seeking quashing of the F.I.R. dated 07.05.2024 in Case Crime No. 172 of 2024, under sections 420, 467,468, 471, 120-B/34 I.P.C. at Police Station Kotwali Jewar, District Gautam Buddh Nagar. 3. Learned counsel for the petitioners vehemently contended that the Division Bench vide order dated 31.05.2024 has accorded interim relief to one of the co-accused Smt. Shakuntala Devi, passed in Criminal Misc. Writ Petition No. 9324 of 2024, till submission of police report. He further contended that on the basis of aforementioned interim order, another co-accused Jaswant Singh, had challenged the said F.I.R. through Criminal Misc. Writ Petition No. 10070 of 2024 and interim relief was accorded vide order dated 20.06.2024. Learned counsel for the petitioner in this backdrop contended that the instant matter is squarely covered with aforementioned two cases and therefore, similar indulgence may be extended in favour of the petitioner who is similarly situated. 4. The relief is resisted by the learned AGA on the premise that the instant matter is distinguishable with the aforementioned matters and on the strength of instruction he states that during investigation, it is found that the petitioner is the main beneficiary and fictitious document i.e. Aadhar and other documents have been made, on the basis of same, fresh account was opened and by impersonation the petitioner himself had sold the property of original owner Gurdeep Singh taking benefit of the same nomenclature and later on he has received the sale consideration of Rs. 1.3 crore in his account and later on the same has been withdrawn. During investigation three accused persons Bhupesh, Devendra and Rakesh have already been arrested and the petitioner is not cooperating in the ongoing investigation, as he has absconded and process under section 84 of BNSS, 2023 has also been issued. Learned AGA states that as there is noncooperation in the ongoing investigation by the petitioner, the evidence that has been collected during investigation the complicity of the petitioner cannot be ruled out as he is main beneficiary, hence similar indulgence may not be extended in the instant matter. 5. Considering the detailed instruction as placed by the learned AGA, we have carefully examine the record and peruse the order passed by the Division Bench, we find that the instant matter is distinguishable, at this stage, we are not in position to take similar view on the basis of categorical instruction. Moreover, perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report. 6. The instant writ petition sans merit and is accordingly dismissed. Order Date :- 9.4.2025 Bhanu (Prashant Kumar,J.) (M. C. Tripathi,J.) Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad