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Neutral Citation No. - 2025:AHC:65844-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 7638 of 2025 Petitioner :- Manoj Kumar Sain Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikrant Rana Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Ms. Nand Prabha Shukla,J.
1. Heard learned counsel for the petitioner, learned counsel for the respondent and learned A.G.A. for the State respondents.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 02.04.2025 registered as Case Crime No. 60 of 2025, under Sections- 318, 338, 339 and 340 B.N.S., 2023, Police Station- Ganga Nagar, District- Meerut, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
3. Counsel for the petitioner submits that the grievance of respondent no. 3, who is Junior Engineer, Meerut Development Authority is against the builder. The petitioner is Power of Attorney holder of tenure holders who have sold their land to the builder. He has nothing to do with the conduct of builder. He has been falsely implicated in this case by respondent no. 3.
4. Counsel for the respondent no. 3 has vehemently opposed the
submissions.
5. Under the facts and circumstances of this case and 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 directing that till cognizance is taken on police report under Section 193(3) B.N.S.S., by the court the respondents shall not arrest the petitioner pursuant to the First Information Report dated 02.04.2025, registered as Case Crime No. 60 of 2025, under Sections- 318, 338, 339 and 340 B.N.S., 2023, Police Station- Ganga Nagar, District- Meerut, subject to cooperation in ongoing investigation.
6. In case, the petitioner does not cooperates with the
investigation, the investigating officer shall be at liberty to file a recall application for recalling this order before this court.
Order Date :- 29.4.2025 Rohit (Ms. Nand Prabha Shukla,J.) (Siddharth,J.) Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad