Allahabad High Court
Rameshwar Prasad Singh vs State Of U.P. And 3 Others on 6 May, 2024
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:81164-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 12788 of 2023 Petitioner :- Rameshwar Prasad Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surendra Nath Dubey,Upendra Kumar Dubey Counsel for Respondent :- Akhilesh Kumar Singh Hon'ble Siddharth,J.
Hon'ble Surendra Singh-I,J.
1. Heard Sri Upendra Kumar Dubey, learned counsel for the petitioner, Sri Ved Vyas Misra, learned counsel for the respondent.4 and learned A.G.A. for the State respondents.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 02.02.2023 registered as Case Crime No. 020 of 2023, under Sections 419, 420, 406, 465, 467, 468, 471, 504, 506 I.P.C., Police Station- Chandwak, District- Jaunpur and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
3. On 16.08.2023 the following interim order was passed:-
" 1. Heard learned counsel for the petitioner and learned AGA for the State.
2. The writ petition seeks quashing of the F.I.R. dated 02.02.2023 giving rise to Case Crime No.020 of 2023, under Sections 419, 420, 406, 465, 467, 468, 471, 504, 506 I.P.C., Police Station- Chandwak, District- Jaunpur.
3. The contention of learned counsel for the petitioner is that the FIR alleges a forged lease agreement having been prepared by the petitioner for installation of a mobile tower. The first informant is elder brother of the petitioner and that the agreement has been in existence for almost two decades now. The FIR is malicious and if the allegations that the rental income is being recovered exclusively by the petitioner is accepted, then the dispute would be a civil dispute.
4. Matter requires consideration.
5. Issue notice to the respondent no. 4, returnable within three weeks.
6. List this petition for admission on the date succeeding the date fixed in the notice for appearance of the respondents along with a tracking report.
7. Till the next date of listing, the petitioner may not be arrested consequent to the impugned F.I.R. dated 02.02.2023 giving rise to Case Crime No.020 of 2023, under Sections 419, 420, 406, 465, 467, 468, 471, 504, 506 I.P.C., Police Station- Chandwak, District- Jaunpur.
8. This protection shall be available either till the next listing or till submission of police report under Section 173(2) Cr.P.C., whichever is earlier. It is also provided that the petitioner will fully cooperate in the investigation, failing which they shall not be entitled to the benefit of this order."
4. No counter-affidavit has been filed by learned counsel for respondent no.4.
5. In view of the above, interim order, the petition is disposed of directing that till cognizance is taken on police report under Section 173(2) Cr.P.C., by the court the respondents shall not arrest the petitioner pursuant to the First Information Report, subject to cooperation in ongoing investigation.
6. Police report shall be submitted by investigating officer within 60 days.
Order Date :- 6.5.2024 Abhishek (Surendra Singh-I,J. ) (Siddharth,J.)