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Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9252 of 2025 Petitioner :- Ravi Jauhari Respondent :- State Of U.P. And 3 Others Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.
1. Heard learned counsel for the petitioner 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 23.04.2025, registered as Case Crime No. 164 of 2025 under Sections 131, 308(5), 316(2), 318(4), and 351(2) of the B.N.S. at Police Station Fatehganj West, Bareilly and with a further prayer not to arrest the petitioner in pursuance of the impugned F.I.R.
3. The informant, who manages Rajeev Goyal Memorial School, alleged that she rented the school to the petitioner in 2019 and gave him Rs.8 lakhs for obtaining high school recognition, which he failed to secure or refund. Despite promising repayment by 20.04.2025, the petitioner, along with two accomplices, allegedly threatened her brother-in-law (Sanjeev Goyal) on 10.04.2025, demanding Rs. 10 lakhs as extortion and stealing school documents. 4. The learned counsel for the petitioner argues that the FIR is a fabricated response to a personal dispute between the informant and her brother-in-law, Sanjeev Goyal, over control of the school’s management committee. The petitioner, a teacher, was wrongly implicated after supporting the informant against Sanjeev’s pressure. The counsel highlights that the informant provided no proof of the alleged Rs.8 lakhs transaction or the extortion claim, which supposedly occurred on a holiday (Mahaveer Jayanti) when the school was closed. He asserts that no offences under the cited B.N.S. sections are made out, as the petitioner had no prior dealings with Sanjeev Goyal. The learned counsel for the petitioner seeks interim protection from arrest of the petitioner, arguing that the FIR is an abuse of process and risks causing irreversible harm to his reputation and livelihood. The learned counsel urges the Court to grant a stay on the investigation, citing a lack of alternative remedies under Article 226 of the Constitution. 5. Learned A.G.A. states on instructions that investigation is in progress. 6. Matter requires consideration. 7. Issue notice to the respondent No.3 returnable within six weeks. Steps be taken within a week. 8. All the respondents may file counter affidavit within six weeks. Petitioner shall have a week thereafter to file rejoinder affidavit. List immediately thereafter. 9.
Considering the facts and circumstances of the case, as an interim measure, it is provided that till the next date of listing or till submission of police report u/s 173(2) Cr.P.C. (now Section 193(3) of Bhartiya Nagarik Suraksha Sanhita, 2023), whichever is earlier, respondents are restrained to arrest the petitioner pursuant to the impugned FIR, subject to cooperation in the on-going investigation. Order Date :- 15.5.2025 NLY (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad