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Neutral Citation No. - 2025:AHC:107457-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 14199 of 2025 Petitioner :- Smt. Sammo And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Chandra Agrahari Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J.
1. The present petition has been filed challenging the First Information Report dated 12.06.2025 in Case Crime No.0113 of 2025, under Sections 384, 420, 467, 468, 471 & 506 IPC, Police Station Jajmau, District Kanpur Nagar.
2. The recital in the first information report and the document annexed with the writ petition specially the agreement to sell show that the petitioners were only the attesting witnesses of the agreement to sell. It also transpires that the agreement to sell so far as it concerned plot No.293 and 294 stands cancelled by a subsequent registered document dated 15.05.2025.
3. It has been argued that the recital in the first information report do not disclose any offence to have been committed by the petitioners who are marginal witnesses of the document and the petitioners are neither beneficiaries of the agreement to sell nor have any role to play in the transaction between the vendors and vendee.
4. The AGA has opposed the petition.
5. In the circumstances of the case and after considering the rival
arguments of the counsel for the parties, the writ petition is
disposed of with a direction that the petitioner shall not be arrested in pursuance to the First Information Report dated 12.06.2025 in Case Crime No.0113 of 2025, under Sections 384, 420, 467, 468, 471 & 506 IPC, Police Station Jajmau, District Kanpur Nagar till submission of the police report under Section 193 of Bhartiya Nyaya Sanhita, 2023.
Order Date :- 8.7.2025 Himanshu Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad