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2025 DAILYLAW 97241 (ALL)

AWADHESH KUMAR PANDEY AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/21063/2025 · 2025-09-17

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21063 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. The counsel for the respondents states that the writ petition may be decided on the facts stated and the documents annexed with the writ petition itself and no counter affidavit is required. Heard the counsel for the petitioners, Sri B.L. Yadav, the counsel for respondent no. 4 and the A.G.A. for the State. The present petition has been filed challenging the First Information Report dated 03.09.2025 in Case Crime No. 107 of 2025, under Sections 418, 419, 420, 467, 468, 471 I.P.C. at Police Station Durga Ganj, District- Bhadohi. It has been argued by the counsel for the petitioners that the petitioners are merely witness in the sale deed and the sale deed has not been executed by them. It has been argued that the act of the petitioners, neither transfers the rights to the vendee nor facilitates any vesting of title in the vendor. It has been argued that the first information report has been registered only for the purpose of harassing the petitioners. The AGA and the counsel for 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 petitioners shall not be arrested in pursuance to the First Information Report dated 03.09.2025 in Case Crime No. 107 of 2025, under Sections 418, 419, 420, 467, 468, 471 I.P.C. at Police Station Durga Versus Counsel for Petitioner(s) : Amit Daga, Hare Krishna Tripathi Counsel for Respondent(s) : Bhaiya Lal Yadav, G.A. Awadhesh Kumar Pandey And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Ganj, District-Bhadohi till submission of the police report under Section 193 of Bhartiya Nyaya Sanhita, 2023. September 18, 2025 Satyam CRLP No. 21063 of 2025 2 (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad