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2025 DAILYLAW 72851 (ALL)

GAFFAR AND 5 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/14533/2025 · 2025-07-09

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf, Salil Kumar Rai

body2025

Judgment text

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Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 14533 of 2025 Petitioner :- Gaffar And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyendra Kumar Singh Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J. 1. Supplementary affidavit filed on behalf of the petitioners is taken on record. 2. Heard learned counsel for the petitioners and the A.G.A. for the State-respondents. 3. The present writ petition has been filed challenging the first information report dated 22.02.2025 in Case Crime No.71 of 2025, under Sections 378(4), 338, 336(3), 336(4), 340(2) of B.N.S., Police Station Mawana, District Meerut. 4. It has been argued by counsel for the petitioners that the petitioners are bonafide purchaser of the property and the dispute between the parties is a civil dispute requiring cancellation of sale deed. It has also been stated in the supplementary affidavit that a Civil Suit No.187 of 2024 has also been filed by the opposite party no.2 in the civil court, which is still pending. It has been argued that the first information report has been lodged with the malafide purpose to pressurize the petitioners to get the sale deed cancelled. It has further been argued that for the aforesaid reason, the entire criminal proceedings initiated against the petitioners are liable to be quashed. 5. The AGA has opposed the petition. 6. 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 22.02.2025 in Case Crime No.71 of 2025, under Sections 378(4), 338, 336(3), 336(4), 340(2) of B.N.S., Police Station Mawana, District Meerut, till the submission of police report, under Section 193 of Bhartiya Nyaya Sanhita, 2023. Order Date :- 10.7.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad