HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21188 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. Heard the counsel for the petitioner, the AGA for the State respondent nos. 1& 2 and Shri Rakesh Pande, Senior Advocate assisted by Shri Dinesh Kumar Rai, counsel for respondent no.3. The present petition has been filed challenging the First Information Report dated 5.9.2025 registered as Case Crime No.239 of 2025 under Sections 420, 406, 467, 468, 471, 120-B, 504, 506 I.P.C., Police Station Dankaur, District Greater Noida (Commissionerate Gautam Budh Nagar). It has been argued by the counsel for the petitioner that the petitioner is only a prospective purchaser of the property referred in the F.I.R. under the agreement dated 9.11.2023 which was signed by the petitioner and the first informant as well as other members of the Board of Directors of the Company. It has been argued that the dispute as referred in the First Information Report is a civil dispute between the parties and the first informant has the remedy to institute proceedings in the civil court for redressal of any of his grievance as narrated in the F.I.R. It has been argued that the amount has been paid by the petitioner and that the dispute is between the members of the Board of Directors of the company in which the petitioner has no role to play. It has been argued that for the aforesaid reason, the F.I.R. so far as it concerns the petitioner is liable to be quashed. It has been further argued that from the recitals in the F.I.R. no offence Versus Counsel for Petitioner(s) : Raza Hasnain, Sadrul Islam Jafri, Sunil Kumar Tripathi, Sr. Advocate Counsel for Respondent(s) : G.A. Sandeep Batra .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) under Sections 420, 406, 467, 468, 471, 120-B, 504, 506 I.P.C. has been committed so far as as the petitioner is concerned. Rebutting the arguments of the counsel for the petitioner, the counsel for the respondent no.3 has argued that apart from the offences under Sections 420, 406, 467, 468, 471, 120-B, 504, 506 I.P.C. referred in the F.I.R. having been committed, the petitioner on the basis of the deal note is trying to forcibly take possession of the properties owned by the Company which amounts to criminal tresspass for which the petitioner is liable to be prosecuted under the relevant provisions of the B.N.S. It is not a case for quashing the F.I.R. The A.G.A. has 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 5.9.2025 registered as Case Crime No.239 of 2025 under Sections 420, 406, 467, 468, 471, 120-B, 504, 506 I.P.C., Police Station Dankaur, District Greater Noida (Commissionerate Gautam Budh Nagar) till submission of the Police Report under Section 193 of Bhartiya Nyaya Sanhita, 2023. September 19, 2025 IB CRLP No. 21188 of 2025 2 (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Digitally signed by :- ITU BANERJEE High Court of Judicature at Allahabad