Nigam Rai And 3 Others vs State Of U.P. And 3 Others
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Allahabad High Court

Nigam Rai And 3 Others vs State Of U.P. And 3 Others on 1 April, 2025

Author: Siddharth

Bench: Siddharth

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:44335-DB
 
Court No. - 47
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5346 of 2025
 

 
Petitioner :- Nigam Rai And 3 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ashutosh Mishra,Syed Abid Ali Naqvi
 
Counsel for Respondent :- G.A.,Vinod Kumar Yadav
 

 
Hon'ble Siddharth,J.
 

Hon'ble Ms. Nand Prabha Shukla,J.

1. Heard learned counsel for the petitioners, learned counsel for respondent no.4, learned A.G.A for the State-respondents and perused the record.

2. The writ petition seeks quashing of the F.I.R. dated 04.03.2025, giving rise to the Case Crime No.0087 of 2025, under Sections 419, 420, 467, 468, 471, IPC, Police Station Jeanpur, District Azamgarh.

3. There are allegations in the FIR that the petitioners have got the sale deed executed for respondent no.4, under the influence of liquir.

4. Learned counsel for the petitioners submits that the respondent no.4 executed sale deed and took substantial amount of Rs.41 lacs, from the petitioners, thereafter, he has taken a u-turn and lodged the FIR on false allegations, making out a defence that he was under the influence of liquir at the time of execution of the sale deed.

5. Sri Vinod Kumar Yadav, learned counsel for respondent no.4 informs that petitioners have criminal history of 7 cases. However, it is not disputed that police is investigating the matter.

6. For the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of 2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others) the writ petition is disposed of with the direction that that till the cognizance taken on the police report by the court concerned, the respondents are restrained from arresting the petitioners pursuant to the First Information Report, subject to cooperation in ongoing investigation.

Order Date :- 1.4.2025

VKG