Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:107549-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 14204 of 2025 Petitioner :- Saroja And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Maneesh Kumar Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J.
1. Heard the counsel for the petitioner and the A.G.A. for the State-respondents.
2. The present petition has been filed challenging the first information report dated 2.5.2025, registered as Case Crime No. 0269 of 2025, under Sections 319(2), 318(4), 338, 336(3) & 340(2) of Bhartiya Nyaya Sanhita, 2023, Police Station Karwi Kotwali Nagar, District Chitrakoot.
3. It has been argued by the counsel for the petitioners that the recital in the First Information Report did not disclose the commission of any offence under Section 338 B.N.S., 2023. It has further been argued that the dispute between the parties as raised in the First Information Report is civil in nature. The document is a registered document and the recital in the First Information Report itself showed payment of consideration for the sale deed. It has further been argued that Original Suit No. 29 of 2025 has already been instituted by the informant for the cancellation of the sale deed. It has been stated that the first information report has been lodged with a malafide intention to harass and blackmail the petitioners. It has further been argued that for the aforesaid reasons, the criminal proceedings initiated against the petitioners are liable to be quashed.
4. The A.G.A. 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 petitioners shall not be arrested in pursuance to the first information report dated 2.5.2025, registered as Case Crime No. 0269 of 2025, under Sections 319(2), 318(4), 338, 336(3) & 340(2) of Bhartiya Nyaya Sanhita, 2023, Police Station Karwi Kotwali Nagar, District Chitrakoot, till the submission of police report under Section 193 B.N.S.S., 2023.
Order Date :- 8.7.2025//Anurag* Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad