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2025 DAILYLAW 73290 (ALL)

NIPENDRRA SINGH @ NIPENDRA CHAUDHARY v. STATE OF U.P. AND 2 OTHERS

CRLP/14804/2025 · 2025-07-27

Avnish Saxena, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123569-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 14804 of 2025 Petitioner :- Nipendrra Singh @ Nipendra Chaudhary Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prashant Rai Counsel for Respondent :- Devesh Kumar Sharma,Ashutosh Gupta,G.A.,Vandana Gupta Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. 1. Heard Sri Prashant Rai, learned counsel for the petitioner, Sri Devesh Kumar Sharma, appearing for respondent no.3 and learned AGA for State-respondents and perused the record. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 18.06.2025, registered as Case Crime No.0192 of 2025, under Sections 318(4), 338, 336(3), 340(2), 352 and 351(2) B.N.S., Police Station-Sadar Bazar, District-Mathura, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. From the allegations made in the F.I.R. it appears that an agreement to sale was executed by the petitioner in favour of respondent no.3 and part payment of sale consideration was made. Thereafter, grievance of the respondent no.3 is that sale deed is not being executed by the petitioner, hence this F.I.R. 4. In stead of availing remedy of instituting a civil suit for specific performance of contract, instant F.I.R. has been lodged by respondent no.3. With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter. 5. After hearing the rival contentions, totality of facts and circumstances of this case and in view of the judgment passed by Division Bench of this Court in Criminal Misc. Writ petition No. 7463/2024 (Shobhit Nehra Vs. State of U.P.), the above noted writ petition is disposed of directing the investigating officer to conclude the investigation of this case within period of 60 days. 6. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioner shall not be arrested. 7. In case of non-cooperation with the police investigation by the petitioner, it shall be open for either of the respondents to file recall application of this order. Order Date :- 28.7.2025 MN/- (Avnish Saxena,J.) (Siddharth,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad