Captain Parwez Abedin and Another vs State of U.P… — Cheating and Forgery | Allahabad HC (2025)

Captain Parwez Abedin and Another vs State of U.P… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief only: proceedings of Criminal Case No.6706/2022 stayed until the next date of listing; notice ordered to respondent no.2 (steps within a week); matter listed for the fourth week of July 2025. The substantive merits of the S.482 application remain open for consideration.

Issue for consideration

Whether the applicants — allegedly not named in the F.I.R. and no longer connected with the offence after transferring the allotted units (nos. 16939 and 16940) to respondent no.2 — could properly be subjected to the charge-sheet, cognizance and summoning order in Criminal Case No.6706/2022 (framed from counsel's submissions; the court has recorded that the matter requires consideration but has not yet decided it).

Court's answer

The court directed that notice be issued to respondent no.2, steps to be taken within a week, and listed the matter for the fourth week of July 2025.

Ratio / Principle

As interim relief, the proceedings of Criminal Case No.6706/2022, State versus Parwej Abedin & Another (arising out of Case Crime No.348/2019, Sections 406, 420 I.P.C., Police Station Hazratganj, District Lucknow) were stayed till the next date of listing.

Detailed headnote1 paragraphs

Allahabad HC (Lucknow Bench), Court No. 11 — Application U/S 482 No. 4638 of 2025, order dated 3.6.2025, Hon'ble Rajnish Kumar, J. Interim order in an application by Capt. Parwez Abedin & another seeking challenge to the proceedings of Criminal Case No.6706/2022 (State v. Parwej Abedin & another), arising out of F.I.R. Case Crime No.348/2019, Sections 406, 420 I.P.C., Police Station Hazratganj, District Lucknow. Counsel for the applicants (who submit they are not named in the F.I.R.) argued that units nos. 16939 and 16940 allotted to them by agreement dated 31.08.2013 were subsequently transferred to the informant/respondent no.2, and that the refund/cheque-dishonour dispute lies between the informant and M/s Rohtas Projects Limited / M/s. Rohtas Limited, whose post-dated cheques bounced; hence a charge-sheet filed against the applicants and the cognizance-cum-summoning order taken by the learned Magistrate were, per counsel, unjustified. Learned AGA opposed the prayer but could not contradict these submissions. The court recorded that the matter requires consideration, directed issue of notice to respondent no.2 (steps within a week), listed the case for the fourth week of July 2025, and stayed the proceedings of the criminal case till the next date of listing. No precedent is cited or engaged; the substantive question of the applicants' involvement is expressly left for future consideration.

Court No. - 11

Case :- APPLICATION U/S 482 No. - 4638 of 2025

Applicant :- Captain Parwez Abedin And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko And Another

Counsel for Applicant :- Dr. Jinendra Kumar Jain,Amit Pandey Counsel for Opposite Party :- G.A.

Hon'ble Rajnish Kumar,J.

Dr. Jinendra Kumar Jain, learned counsel for the applicants submits that the applicants are not named in the F.I.R.. Even otherwise, the applicants have no concern with the offence alleged in the F.I.R. because the applicants were allottee of two units referred in the F.I.R. bearing number 16939 and 16940, which were allotted to the applicants by the agreement dated 31.08.2013. But subsequently they were transferred through agreements entered into between the applicants and the informant i.e. the respondent no.2 to him. Thereafter the informant i.e. the respondent no.2 wrote a letter to Sri P.K Roy, Deputy General Manager, Sale and Marketing, M/s Rohtas Projects Limited,27/18, Raja Ram Mohan Rai Marg,Lucknow for refund of the amount and the post dated Cheques given by M/s. Rohtas Limited bounced, on account of which the F.I.R. has been lodged. Thus the applicants are not concerned in any manner but without considering it, the charge sheet has been filed against the applicants, whereas once the units were transferred to the respondent no.2, they have no concern with the plots and in case the money has not been refunded by the M/s Rohtas Projects Limited or the cheques given by it have bounced, the applicant cannot be roped into the case and learned Magistrate has also taken cognizance and issued summoning order, which could not have been done.

Learned AGA though opposed the prayer but could not contradict the aforesaid submissions of learned counsel for the applicant.

The matter requires consideration.

Issue notice to the respondent no.2.

Steps to be taken within a week.

LIst in the fourth week of July 2025.

Till the next date of listing,the proceedings of of Criminal Case No.6706/2022, State versus Parwej Abedin & Another, arising out of Case Crime NO.348/2019, under Section 406,420 I.P.C. Police StationHazratganj, District Lucknow shall remain stayed.

Order Date :- 3.6.2025 Akanksha Sri/-

Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench