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2025 DAILYLAW 87529 (ALL)

ANAND KUSHWAHA v. STATE OF U.P. AND 3 OTHERS

CRLP/18230/2025 · 2025-08-20

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143522-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 18230 of 2025 Petitioner :- Anand Kushwaha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Pal,Dewendra Singh Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Zafeer Ahmad,J. Heard the counsel for the petitioner, the AGA for the State respondents and Shri Chandra Shekhar Mishra, counsel for the respondent no. 4. The present petition has been filed challenging the First Information Report dated 8.8.2025 registered as Case Crime No.384 of 2025 under Sections 419, 420, 467, 468, & 471 of I.P.C. Police Station Naini District Yamuna Nagar (Commissionerate Prayagraj). It has been argued by the counsel for the petitioner that the recitals in the F.I.R. raise disputes regarding validity of the different sale deeds allegedly executed by Vishwanath and consequently the title of the parties to the disputed plots which is civil in nature and criminal proceedings could not have been instituted for the said purpose. It has been further argued that the petitioner is only a witness to the sale deed referred in the F.I.R and the sale deed has not been executed by the petitioner, therefore, the petitioner is not liable to be prosecuted or charged under Sections 419, 420, 467, 468, & 471 of I.P.C. It has been argued that for the aforesaid reason, the F.I.R. so far as the petitioner is concerned is liable to be quashed. The AGA and Shri Chandra Shekhar Mishra, counsel for the respondent no.4 have opposed the petition. 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 8.8.2025 registered as Case Crime No.384 of 2025 under Sections 419, 420, 467, 468, & 471 of I.P.C. Police Station Naini District Yamuna Nagar (Commissionerate Prayagraj) till submission of the Police Report under Section 193 of Bhartiya Nagrika Suraksha Sanhita, 2023. With the aforesaid directions, the writ petition is disposed of. Order Date :- 21.8.2025 IB Digitally signed by :- ITU BANERJEE High Court of Judicature at Allahabad