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2025 DAILYLAW 95300 (ALL)

RAJIB ROY AND ANOTHER v. STATE OF UP AND 2 OTHERS

CRLP/20479/2025 · 2025-09-17

Santosh Rai, Siddharth

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20479 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. HON'BLE SANTOSH RAI, J. 1. Heard Shri G.S. Chaturvedi, learned Senior Counsel assisted by Shri Abhas Sharma, learned counsel for the petitioners; Shri Sushil Shukla and Shri Ashutosh Mishra, learned counsels for respondent no.3; Ms. Manju Thakur, learned AGA-I for the State-respondent nos.1 and 2; and perused the record. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 20.08.2025 registered as Case Crime No. 0393 of 2025, under sections- 316(4), 318(4), 338, 336(3), 340(2) and 61(2) of B.N.S., Police Station- Beta-2, District Gautam Budh Nagar, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 3. After hearing the rival contentions, this Court finds that there is dispute of violation contract between the companies of petitioners and respondent no.3 and there is also an arbitration clause in the memorandum of understanding executed by them. The petitioners are alleged to be disputing the same and setting up the case that the memorandum of understanding between them is void ab initio. Number of allegations and counter allegations have been made by learned counsel for the parties against each other. 4. This Court does not deems appropriate to enter into the veracity of the allegations made by the parties against each other, since the Investigating Officer of the police station of respondent no.2, is investigating the dispute between the parties. As yet no police report under Section 193 B.N.S.S. appears to have been submitted. Versus Counsel for Petitioner(s) : Abhas Sharma Counsel for Respondent(s) : Ashutosh Mishra, G.A., Sushil Shukla Rajib Roy And Another .....Petitioner(s) State Of Up And 2 Others .....Respondent(s) 4. In view of the above facts and circumstances, we deem appropriate to direct the Investigating Officer to conclude the investigation of this case within a period of 90 days. 5. Under the 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 90 days. 6. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioners shall not be arrested. 7. In case of non-cooperation with the police investigation by the petitioners, it shall be open for either of the respondents to file recall application for recall of this order. September 18, 2025 A.N. Mishra CRLP No. 20479 of 2025 2 (Santosh Rai,J.) (Siddharth,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad