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2025 DAILYLAW 41338 (ALL)

ISTIYAK AHAMAD AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/7038/2025 · 2025-05-21

Ram Manohar Narayan Mishra, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86484-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 7038 of 2025 Petitioner :- Istiyak Ahamad And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kumar Srivastava,Prakash Gupta,Priyanka Srivastava Counsel for Respondent :- G.A.,Vishal Agarwal Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the petitioners; Sri Vishal Agarwal, learned counsel for the respondent no.4; learned A.G.A. for the State-respondents and perused the material on record. The writ petition has been filed praying for quashing the F.I.R. dated 02.04.2025 giving rise to Case Crime No.100 of 2025, under Sections 419, 420, 467, 468, 471, 406, 504, 506, 352 of IPC, Police Station- Nagra, District- Ballia. There are allegations in the FIR regarding dispute about title and ownership of the land in dispute, the same cannot be decided by this Court. The police is already investigating the matter. Investigating Officer is directed to conclude the investigation within 60 days. Under the totality of facts and circumstances of this case and for the reasons given in the order dated 10.7.2024 passed in Criminal Misc. Writ Petition No.7463 of 2024, this writ petition is disposed of directing that till submission of police report submitted under Section 193(3) B.N.S.S. the respondents are restrained from arresting the petitioners pursuant to the impugned First Information Report, subject to cooperation in ongoing investigation. Order Date :- 22.5.2025 Mini (Ram Manohar Narayan Mishra,J.) (Siddharth, J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad