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2025 DAILYLAW 67423 (ALL)

SMT. JYATSHANA KATIYAR AND ANOTHER v. STATE OF UP AND 2 OTHERS

CRLP/12674/2025 · 2025-06-30

Avnish Saxena, Siddharth

body2025

Judgment text

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Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 12674 of 2025 Petitioner :- Smt. Jyatshana Katiyar And Another Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Rajan Upadhyay,Sr. Advocate Counsel for Respondent :- Anurag Singh,G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. Heard Shri Rajan Upadhyay, learned Senior Advocate assisted by Shri Rajan Upadhyay, learned counsel for the petitioners; Shri Anurag Singh, learned counsel for the respondent no.3 and learned A.G.A. The writ petition seeks quashing of the F.I.R. dated 6.6.2025 giving rise to Case Crime No. 255 of 2025, under Sections 409 I.P.C., Police Station- Akbarpur, District- Kanpur Dehat. There are allegations against the petitioner no.1 that she misappropriated the public money while working as elected Chairman, Nagar Panchyat, Akbarpur, Kanpur Dehat in the year 2012 and after reelection in the year 2017.The First Information Report has been lodged on the basis of exparte inquiry conducted by the Sub-Divisional Magistrate. Such an inquiry is not an inquiry in the eyes of law and has been conducted only to falsely implicate the petitioners. Learned counsel for the respondent no.3 has vehemently opposed the contentions of the learned counsel for the petitioners on number of grounds but could not reply the fact that First Information Report has been lodged on the basis of exparte inquiry. 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 with the direction that that till cognizance taken on police report under Section 173(2) Cr.P.C.,the respondents are restrained from arresting the petitioners pursuant to the First Information Report, subject to cooperation in ongoing investigation. Order Date :- 1.7.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad