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2025 DAILYLAW 67888 (ALL)

RITURAJ PANDEY @ SUNIL PANDEY AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/13044/2025 · 2025-07-02

Avnish Saxena, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103065-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 13044 of 2025 Petitioner :- Rituraj Pandey @ Sunil Pandey And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shrish Chandra,Suraj Pandey Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. Heard Sri Shrish Chandra, learned counsel for the petitioner; Sri R.P. Rajan, learned counsel for the respondent no.3 and learned A.G.A. for the State respondents. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 14.05.2025 registered as F.I.R No. 0264/2025, under sections- 191(2), 306, 319(2), 318(4), 338, 336(3), 340(2), 352, 351(3), 316(5) of B.N.S. Police Station- Mugal Sarai, District - Chandauli, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. The petitioners are the employees of the company of the respondent no.3. There are allegations against them that they have form cell companies and misappropriated the funds of the company of respondent no.3. Learned counsel for the petitioner submits that the company was formed with the consent of respondent no.3. Police investigation is still under way. 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 :- 3.7.2025 Abhishek (Avnish Saxena,J.) ( Siddharth,J.) Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad