PRASHANT SRIVASTAVA AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/9713/2025 · 2025-05-18
Ram Manohar Narayan Mishra, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57758 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57758 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 9713 of 2025 Petitioner :- Prashant Srivastava And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vimlendu Tripathi,Raghuvansh Misra Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Supplementary affidavit filed on behalf of the petitioners, in Court today, is taken on record.
2. On the basis of the averments made in the supplementary affidavit, learned counsel for the petitioners submits that further implication of the petitioner has been made under Sections 316(5)/61(2)/338/336(3)/340(2) of BNS, 2023.
3. Learned counsel for the petitioner is permitted to carry out the necessary amendment in the writ petition and add the aforesaid sections in the prayer clause of the writ petition as well as in stay application.
4. Learned counsel for the petitioners submitted that police is investigating the matter and after lodging of FIR, it was discovered by the informant that a private company has been established by the petitioners and funds have been siphoned off by forging a bills of the parent company. He has further submitted that investigation regarding allegations in the FIR is already going on.
5. In view of the above facts and circumstances, the writ petition is
disposed of directing that till cognizance is taken on police report under Section 173(2) Cr.P.C., by the court the respondents shall not arrest the petitioners pursuant to the First Information Report dated 24.02.2025, registered as Case Crime No.39 of 2025, under sections 316(5)/61(2)/338/336(3)/340(2)/ 318(4), 316(2), 351(2) of BNS, 2023, P.S. Sector-126, District Gautam Budh Nagar, subject to cooperation in ongoing investigation.
5. The investigation shall be completed by the police within a period of 60 days from the date of production of certified copy of this order.
Order Date :- 19.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad