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2025 DAILYLAW 65037 (ALL)

AMIT KUMAR GUPTA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/11215/2025 · 2025-08-06

Siddharth, Zafeer Ahmad

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133740-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 11215 of 2025 Petitioner :- Amit Kumar Gupta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jaya Nath Patel,Mayank Shekhar Singh Counsel for Respondent :- Anmol Kumar Dubey,G.A.,Ishwar Chandra Tyagi Hon'ble Siddharth,J. Hon'ble Zafeer Ahmad,J. Heard learned counsel for the petitioner; Shri Anmol Kumar Dubey, learned counsel for respondent no.4 and learned AGA for State-respondents. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 28.4.2024 registered as Case Crime No.142 of 2024 under sections- 419,420,467,468,471,193,120-B IPC , Police Station- Mungra Badshahpur, District -Jaunpur and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. Learned counsel for the petitioners submits that civil dispute is pending between the parties. During the pendency of the suit F.I.R. has been lodged.There is also injunction order operating in favour of the petitioners. With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter. After hearing the rival contentions, totality of facts and circumstances of this case and in view of the judgment passed by Division Bench of this Court in Criminal Misc. Writ petition No. 7463/2024 (Shobhit Nehra Vs. State of U.P.), the above noted writ petition is disposed of directing the investigating officer to conclude the investigation of this case within period of 60 days. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioner/petitioners shall not be arrested. In case of non-cooperation with the police investigation by the petitioner/petitioners, it shall be open for either of the respondents to file recall application of this order. Order Date :- 7.8.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad