SACHIN GAUR AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/24038/2026 · 2026-10-08
Padam Narain Mishra, Salil Kumar Rai
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14385 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14385 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 24038 of 2026 Court No. - 45 HON'BLE SALIL KUMAR RAI, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard learned counsel for the petitioners and learned AGA for the State-respondent nos. 1 & 2.
2. The present writ petition has been filed challenging the First Information Report dated 25-8-2026, Case Crime No. 0382 of 2026, under Sections 318(2), 319(2), 61(2) Bharatiya Nyaya Sanhita, 2023, Police station- Harduaganj, District- Aligarh.
3. It has been argued by the learned counsel for the petitioners that the recitals in the First Information Report shows that the dispute is related to the validity of the sale-deed and a civil suit for which the remedy is available to the first informant is pending consideration. It was further argued that the criminal proceedings against the petitioners are not maintainable.
4. Learned AGA has opposed the present petition.
5. In view of the order proposed to be passed, it would serve no useful purpose by issuing notice to respondent no. 3 and calling for a counter affidavit.
6. Accordingly, without entering into the merits of the case and after considering the arguments of the counsel for the petitioners, the writ petition is disposed of with a direction that the petitioners shall not be arrested in pursuance of the First Information Report dated 25-8-2026, Case Crime No. 0382 of 2026, under Sections 318(2), 319(2), 61(2) Bharatiya Nyaya Sanhita, 2023, Police station- Harduaganj, District- Versus Counsel for Petitioner(s) : Devesh Kumar Shukla Counsel for Respondent(s) : G.A. Sachin Gaur And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
Aligarh, till submission of the police report/charge-sheet under Section 193 of Bhartiya Nyaya Sanhita, 2023. October 9, 2026 Rama Kant CRLP No. 24038 of 2026 2 (Padam Narain Mishra,J.) (Salil Kumar Rai,J.) Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad