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Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 13122 of 2025 Petitioner :- Chandrakali And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Kumar Shukla,Punit Kumar Gupta Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J. Supplementary affidavit filed by the petitioners today in Court is taken on record. The present writ petition has been filed challenging the first information report dated 23.6.2025 registered as Case Crime No. 291 of 2005, under Sections 419, 420, 467, 468, 471, 409 IPC, Police Station Kotwali Nagar Banda, District Banda. A perusal of the First Information Report discloses that the allegations in the aforesaid report have also been made against M/s Om Construction, Naraini Road, Banda which was one of the firms which was allotted the work referred in the First Information Report. Sri Om Prakash Patel, the nephew of petitioner no. 1 and cousin of petitioner no. 2 was partner in the firm along with the petitioners. It has been brought to the notice of the Court that Om Prakash Patel challenged the said First Information Report through Criminal Misc. Writ Petition No. 6684 of 2005 which was
disposed of vide its order dated 29.6.2005. The order dated 29.6.2005 is reproduced below : -
"Heard learned counsel for the petitioners and the learned Government Advocate and perused the FIR.
"From the perusal of the FIR impugned in this writ petition dated 23.6.2005, the petitioners have not been able to make out a prima facie case for interference by this Court in exercise of power under Article 226 of the Constitution of India for quashing of the impugned FIR. Considering the facts and circumstances of the case, it is directed that the petitioners shall not be arrested pursuant to the FIR Annexure-1 to the writ petition, till the submission of the charge-sheet or some credible evidence is
available against the petitioners, whichever is earlier. With the aforesaid observations, this writ petition is finally disposed of. As the petitioners are co-partners in the firm which was accused of the offence, it would be appropriate in the interest of justice that the petitioners be also given the same protection as given to the co- partner of the firm. The writ petition is disposed of in terms of the order dated 29.6.2005 passed in Criminal Misc. Writ Petition No. 6684 of
2005.
Order Date :- 21.7.2025 M. Tarik Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad