SMT. SIMIRTI DEVI v. STATE OF UTTAR PRADESH AND 2 OTHERS
CRLP/17736/2025 · 2025-08-12
Salil Kumar Rai, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 83887 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83887 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:137668-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17736 of 2025 Petitioner :- Smt. Simirti Devi Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Syed Ali Imam Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Zafeer Ahmad,J. Heard the counsel for the petitioner and the A.G.A. representing the respondent nos. 1 and 2. The present petition has been filed for the following reliefs:-
"I. Issue a writ, order or direction in the nature of commanding Mandamus to respondents No.1 and 2 not to arrest the petitioner in Case Crime No. 08 of 2025, under sections 419,420,467,468,471 I.P.C., Police Station AIIMS, District Gorakhpur. II. Issue a writ, order or direction in the nature of Certiorari to quash the first information report dated 07.01.2025 registered as case crime No. 08 of 2025, under sections 419,420,467,468,471 I.P.C., Police Station AIIMS, District Gorakhpur." It has been brought to our notice that other co-accused challenged the aforesaid First Information Report in Criminal Misc. Writ Petition No.961 of 2025 wherein protection was granted to the said co-accused vide order dated 21.01.2025. Through the aforesaid
order, the writ petition was disposed of and it was directed that till the submission of police report under Section 173(2) Cr.P.C., the petitioners shall not be arrested in pursuance to the first Information Report. Petitioner in the present case is a partner in the accused firm. A reading of the First Information Report shows that the dispute between the parties relates to the boundaries of different plots and is a civil dispute. The AGA has opposed the petition. It would serve no useful purpose to keep the petition pending.
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 07.01.2025 registered as case crime No. 08 of 2025, under sections 419,420,467,468,471 I.P.C., Police Station AIIMS, District Gorakhpur till submission of the police report under Section 193 of BNSS, 2023.
Order Date :- 13.8.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad