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2025 DAILYLAW 43089 (ALL)

ASHISH TIWARI v. STATE OF U.P. AND 3 OTHERS

CRLP/7479/2025 · 2025-04-28

Nand Prabha Shukla, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66179-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 7479 of 2025 Petitioner :- Ashish Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shad Khan,Shivam Upadhyay Counsel for Respondent :- G.A.,Saumya Srivastava Hon'ble Siddharth,J. Hon'ble Ms. Nand Prabha Shukla,J. List has been revised. Heard Sri Shad Khan and Shivam Upadhyay, learned counsel for the petitioner; Sri Hari Shankar Jain, learned Senior Counsel assisted by Ms. Saumya Srivastava, learned counsel for the respondent no.4 and Sri Paritosh Malviya, learned A.G.A-Ist for the State respondents. There are allegations in the F.I.R. that the petitioner being manager of the bank has misused eight cheques given to him by way of security of DEMAT account. The other side submits that the cheques given were cancelled but after erasing the cancellation part of the cheques they were misused by the petitioner. However the parties agreed that police investigation regarding the allegations made in the F.I.R. is still in progress. Therefore, under totality and facts and circumstances, the petition is disposed of directing the investigating officer of this case to conclude the investigation against the petitioner within 60 days from the date of production of certified copy of this order before Commissioner of Police, Varanasi, respondent no.2. Till the investigation is concluded, the petitioner shall not be arrested in case crime no. 0059/2025, under section 316(5), 318(4), 338, 336(3), 342(1) and 344 of B.N.S.S., Police Station- Chetganj, District-Varanasi. The petitioner will cooperate with the investigation and in case he does not cooperate, it shall be open for the respondents to file recall application for recalling of this order. Order Date :- 29.4.2025///Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad