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2025 DAILYLAW 84517 (ALL)

ASHARFI LAL v. STATE OF U.P. AND 3 OTHERS

CRLP/17734/2025 · 2025-08-12

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137978-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17734 of 2025 Petitioner :- Asharfi Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vishvajit Tiwari,Yogesh Mishra Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Zafeer Ahmad,J. The present writ petition has been filed challenging the First Information Report dated 25.09.2024 registering Case Crime No. 430 of 2025, under Sections 409, 419, 420, 467, 468 and 471 I.P.C., Police Station-Gandhi Park, District-Aligarh. It has been argued by the counsel for the petitioner that from the recital made in the first information report no offence can be said to have been committed by the petitioner. The petitioner is innocent. It has also been brought to the notice of this Court that the named accused in the case has challenged the first information report in this Court through Criminal Misc. Writ Petition No. 1745 of 2025, and the said petition was disposed of granting protection to the said accused and his arrest had been stayed till submission of the police report under Section 173(2) Cr.P.C./193(3) B.N.S.S. It has been argued that the petitioner is entitled to same protection inasmuch as the policy of the son of the petitioner was neither purchased by the petitioner nor the petitioner had filed any claim on the said policy after the death of his son. The A.G.A. has opposed the petition. It would serve no purpose to keep the present petition pending. After considering the rival submission of 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 25.09.2024 registering Case Crime No. 430 of 2025, under Sections 409, 419, 420, 467, 468 and 471 I.P.C., Police Station-Gandhi Park, District-Aligarh till submission of police report under Section 173(2) Cr.P.C./193(3) B.N.S.S. Order Date :- 13.8.2025 Anurag/- Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad