Allahabad High Court
Badan Yadav @ Badan Singh vs State Of U P And 2 Others on 4 November, 2022
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 15958 of 2022 Petitioner :- Badan Yadav @ Badan Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Saurabh Kumar Pandey,Ankur Verma Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Surendra Singh-I,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner and learned A.G.A. for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 22.9.2022 registered as Case Crime No. 0206 of 2022 under Sections 419, 420, 467, 468, 471 504, 506 IPC, Police Station Derapur, District Kanpur Dehat. Further prayer has been made not to arrest the petitioner in the aforesaid case.
At the very out, learned counsel for the petitioner has placed reliance upon the interim order dated 31.10.2022 passed in Criminal Misc. Writ Petition No. 15959 of 2022 (Rampal Vs. State of U.P. and others) wherein the co-accused has already been accorded interim protection by Co-ordinate Bench of this Court for the reason that the dispute is purely civil in nature. He has further placed reliance on the judgement of Apex Court in Criminal Appeal No.932 of 2021 (Randheer Singh vs. the State of UP and ors) decided on 02.9.2021.
The matter requires consideration.
Notice on behalf of respondent nos.1 & 2 has been accepted by learned A.G.A.
Issue notice to respondent no. 3.
All the respondents may file counter affidavit within six weeks. Rejoinder affidavit may also be filed within two weeks, thereafter.
List thereafter along with the records of Criminal Misc. Writ Petition No. 15959 of 2022 (Rampal Vs. State of U.P. and others).
Subject to petitioner cooperating in the investigation, petitioners shall not be arrested pursuant to impugned First Information Report dated 22.9.2022, registered as Case Crime No. 0206 of 2022, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station Derapur, District Kanpur Dehat, till the next date of listing or till submission of police report under section 173(2) Cr.P.C., whichever is earlier.
Order Date :- 4.11.2022 Pratima