SMT. RAJNI DEVI AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/6945/2025 · 2025-04-28
Nand Prabha Shukla, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39147 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39147 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:65927-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 6945 of 2025 Petitioner :- Smt. Rajni Devi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Shantam Counsel for Respondent :- G.A.,Mahima Maurya Kushwaha,Mukesh Kumar Kushwaha Hon'ble Siddharth,J. Hon'ble Ms. Nand Prabha Shukla,J. List has been revised. Heard Ms. Medha, Advocate, holding brief of Sri Vijay Shantam, learned counsel for the petitioner; Mr. Mukesh Kushwaha, learned counsel for the respondent no.4 and learned A.G.A. for the State respondents. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 28.03.2025 registered as Case Crime No. 278/2025, under sections- 318(4), 338, 336(3), 340(2) of B.N.S. Police Station- Quarsi, District - Aligarh, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. There are allegations in the F.I.R. that the petitioners have concocted a notarial receipt dated 20.02.2015 evidencing execution of an agreement to sell, when the informant has already sold the property in dispute on 23.12.2024 to the third parties.
Learned counsel for the petitioner submits that the validity of the alleged notarial receipt is yet to be investigated by the investigating officer. In the meantime, the petitioners are apprehensive of their arrest. Police investigation is still going on.
Learned counsel for the respondent no.4, submits that the allegations against the petitioners are correct and they have only concocted the documents in dispute to pressurize the respondent no.4, who has earlier refused to sell the land in dispute to petitioners 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 :- 29.4.2025 Abhishek (Ms. Nand Prabha Shukla,J.) (Siddharth,J.) Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad