Interim protection granted to applicants in Section 482 application for quashing FIR on parity with co-accused; criminal proceedings stayed.
Stay of criminal proceedings against the applicants till next date of listing. ¶¶17
The applicant is also entitled for interim protection. Accordingly, till the next date of listing, the criminal proceedings against the present applicants shall also remain stayed. ¶¶15
Court No. - 12
Case :- APPLICATION U/S 482 No. - 1231 of 2025
Applicant :- Wanish Khan And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 2 Others Counsel for Applicant :- Sheikh Mohammad Ali Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Sri Satendra Kumar (Singh), learned Advocate has filed his Vakalatnama on behalf of opposite party no.3, which is taken on record.
Heard learned counsel appearing for the applicants, learned AGA for the State of U.P. and perused the record.
The present application has been filed for the following main relief:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may be pleased to quash the impugned FIR in Crime no. 186/2024 U/S 419,420,467,468,469, 471, 506 I.P.C registered at Police Station Jagdishpur, District Amethi, as contained in annexure no. 1 to this petition and allow this application, in the interest of justice."
Learned Counsel for the applicants submitted that co-accused has been granted interim protection by this Court vide order dated 30.01.2025 passed in Application U/S 482 No. 644 of 2025 and the present applicant may also be given same benefit. A relevant portion of order dated 30.01.2025 reads as under:-
"Considering the facts, as indicated by the opposite party No. 3/Shakil Haider in his application under Section 156(3) Cr.P.C., which is on record as Annexure No. 6 to the instant application, and the contents of the FIR No. 0052 dated 20.02.2024, lodged under Sections 406, 504, 506 IPC at Police StationJagdishpur, District- Amethi by the opposite party No. 3 and the allegations regarding creating a forged compromise letter dated 30.06.2023, over which the applicant has not put his signature, and also that in the FIR in issue i.e. FIR No. 0186 dated 12.06.2024, the basis of pending criminal proceedings, lodged at Police Station- Jagdishpur, District- Amethi by the opposite party No. 3 making allegations therein so as to attract the offences as indicated under Sections 419, 420, 467, 468, 469, 471, 506 IPC implicating the applicant and his three sons, this Court is prima facie of the view that dispute between the parties in fact relates to money transaction between 08.10.2016 to 11.05.2022, and accordingly, this Court is of the view that the matter requires consideration.
Let counter affidavit be filed by the learned counsel for the side opposite within a week.
List/put up this application on 13.02.2025 within top 10 cases showing the names of Satendra Kumar (Singh), Advocate and Sri Ravindra Kumar Dwivedi, Advocate & Sri Karunesh Singh, Advocate, as counsel for the opposite party No.
3.
Till the next date of listing, the proceedings, in issue, shall remain stayed qua the applicant."
Considering the facts of the case indicated in the order, quoted above, this Court is of the view that the applicant is also entitled for interim protection.
List alongwith Application U/S 482 No. 644 of 2025.
Accordingly, till the next date of listing, the criminal proceedings against the present applicants shall also remain stayed.
Order Date :- 12.2.2025
Jyoti/-
Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicants are entitled to interim protection/stay of criminal proceedings in FIR No. 186/2024 on parity with co-accused who was granted interim protection by order dated 30.01.2025.¶¶9
Colour shows how this judgement treated each authority
Order dated 30.01.2025 in Application U/S 482 No. 644 of 2025Relied on¶¶9
Order dated 30.01.2025 passed in Application U/S 482 No. 644 of 2025
4 provisions across 2 enactments
How this case reached the court
FIR in Crime no. 186/2024 U/S 419,420,467,468,469, 471, 506 I.P.C registered at Police Station Jagdishpur, District Amethi¶¶8
Police Station Jagdishpur, District Amethi · 12.06.2024
Co-accused granted interim protection by this Court vide order dated 30.01.2025 passed in Application U/S 482 No. 644 of 2025¶¶9
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
