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2025 DAILYLAW 44113 (ALL)

MOHAMMAD HANEEF v. STATE OF U.P. AND 3 OTHERS

CRLP/7916/2025 · 2025-04-22

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf, Saumitra Dayal Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61798-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 7916 of 2025 Petitioner :- Mohammad Haneef Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Saumitra Dayal Singh,J. Hon'ble Sandeep Jain,J. 1. Heard Sri Rajendra Kumar Yadav, learned counsel for the petitioner and learned A.G.A. for the State. 2. The present writ petition has been preferred for quashing the FIR dated 13.02.2025 registered as Case Crime No. 0060 of 2025 under Sections 409, 420, 467, 468 and 471 of IPC at Police Station- Ahiraula, District- Azamgarh, against the petitioner and for a direction upon the respondents not to arrest the petitioner pursuant to aforesaid F.I.R. 3. Submission is, the madarsa established and managed by the petitioner is not one of the 39 madarsa to whom grant Rs. 62,84,000/- had been released. On the contrary, the madarsa run and managed by the petitioner is one of the 180 other madarsa that have not received any grant from the State Government. To that extent, it has been submitted ingredients of offence alleged are not complete. 4. The case of the present petitioner is similar to that of Mohd. Ghalib Khan. In his case, Criminal Misc. Writ Petition No. 3686 of 2025 has been disposed of by following order dated 05.03.2025:- "1. Learned counsel for the petitioner prays for and is permitted to implead informant as respondent No.3 in the writ petition during the course of the day. 2. Heard learned counsel for the petitioner and learned A.G.A. for the State. 3. The present writ petition has been preferred for quashing the FIR dated 12.02.2025 registered as Case Crime No. 0057 of 2025 under Sections 409, 420, 467, 468 and 471 of IPC at Police Station- Ahraula, District- Azamgarh, against the petitioner and for a direction upon the respondents not to arrest the petitioner pursuant to aforesaid FIR. 4. Learned counsel for the petitioner submits that petitioner is not beneficiary of any public money, yet, he has been falsely implicated in this case on general allegations made against 180 Madarsas. It is further submitted that petitioner is the manager of one of the Madarasas and police is investigating the matter. 5. Learned AGA has opposed the submissions made by learned counsel for the petitioner. 6. 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 instant writ petition is disposed of with the direction that that till the cognizance is taken on the police report under Section 173(2) Cr.P.C./193(3) B.N.S.S., by the court below, the respondents are restrained from arresting the petitioner pursuant to the First Information Report, subject to his cooperation in the ongoing investigation." 5. The present petition is also disposed of on the same terms. Order Date :- 23.4.2025 SK Srivastava (Sandeep Jain,J.) (S.D. Singh,J.) Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad