Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:91252-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 10344 of 2025 Petitioner :- Smt. Kanchan Patel Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Nigam,Satya Niwas Prasad Counsel for Respondent :- G.A.,Raghav Ram Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the petitioner; Sri Raghav Ram learned counsel for respondent no.4; learned AGA for State and perused the material on record. The present writ petition has been preferred for quashing the FIR dated 02.5.2025 being Case Crime/FIR No. 59 of 2025, under Sections 319(2), 318(4), 338, 336, 340(4) B.N.S., Police Station Shivkuti, District Prayagraj, against the petitioner only and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR. There allegation in the FIR that petitioner has concocted the stay order issued by Additional City Magistrate, 2nd, Prayagraj.
Learned counsel for the petitioner has submitted that petitioner never gave any such application. Therefore how the stay order was passed. She was not in the house and was being treated in the hospital, when disputed stay order was passed. She has been falsely implicated in this case.
Learned counsel for the respondent no.4 has opposed the
submissions made by learned counsel for the petitioner. Learned AGA informs that Investigating Officer is investigating the case. Investigating Officer is directed to conclude the investigation within 60 days. For the reasons given in the order dated 10.7.2024 passed in Criminal Misc. Writ Petition No.7463 of 2024, this writ petition is disposed of directing that till submission of police report under Section 173(2) Cr.P.C. the respondents are restrained from arresting the petitioner pursuant to the impugned First Information Report, subject to cooperation in ongoing investigation.
Order Date :- 28.5.2025 Ruchi Agrahari (Ram Manohar Narayan Mishra,J.) (Siddharth, J.) Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad