Hafijur Rehman Vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2025)

Hafijur Rehman Vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief only: till the next date of listing (13.02.2025), the proceedings in FIR No. 186/2024 shall remain stayed qua the applicant; counter affidavit called within a week and matter listed for 13.02.2025. Final quashing prayer left open.

Issue for consideration

Whether the FIR dated 12-06-2024 in Crime No. 186/2024 under Sections 419, 420, 467, 468, 469, 471, 506 IPC, Police Station Jagdishpur, District Amethi, ought to be quashed.

Court's answer

The Court is prima facie of the view that the dispute between the parties in fact relates to a money transaction between 08.10.2016 to 11.05.2022, and accordingly the matter requires consideration.

Ratio / Principle

Counter affidavit is to be filed by the learned counsel for the side opposite within a week.

Key takeaways

The application is to be listed/put up on 13.02.2025 within top 10 cases, showing the names of the counsel for opposite party No. 3.ratio¶8
As an interim measure, till the next date of listing, the proceedings in issue shall remain stayed qua the applicant.ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Saurabh Lavania, J.) — Application U/S 482 No. 644 of 2025, Hafijur Rehman v. State of U.P. Thru. Prin. Secy. Govt.. Of U.P. Lko. And 2 Others (opposite party No. 3: Shakil Haider). Applicant sought quashing of the FIR dated 12-06-2024 in Crime No. 186/2024 under Sections 419, 420, 467, 468, 469, 471, 506 IPC, Police Station Jagdishpur, District Amethi. The Court noted the opposite party No. 3's application under Section 156(3) Cr.P.C. (Annexure No. 6), the earlier FIR No. 0052 dated 20.02.2024 under Sections 406, 504, 506 IPC, and the allegation of a forged compromise letter dated 30.06.2023 bearing no signature of the applicant; it was prima facie of the view that the dispute in fact relates to a money transaction between 08.10.2016 to 11.05.2022 and that the matter requires consideration. Counter affidavit was called within a week; the application was listed for 13.02.2025 within top 10 cases; and till the next date the proceedings were stayed qua the applicant. Interim order dated 30.1.2025; no precedent cited; no costs or amounts awarded.

Court No. - 12 Case :- APPLICATION U/S 482 No. - 644 of 2025 Applicant :- Hafijur Rehman Opposite Party :- State Of U.P. Thru. Prin. Secy. Govt.. Of U.P. Lko. And 2 Others Counsel for Applicant :- Manoj Kumar Shukla Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard Sri Manoj Kumar Shukla, learned counsel for the applicant, Sri Badrul Hasan, learned AGA for the State of U.P., Sri Satendra Kumar (Singh), Advocate, who put in appearance alongwith Sri Ravindra Kumar Dwivedi, Advocate & Sri Karunesh Singh, Advocate on behalf of the opposite party No. 3 and filed the Vakalatnama in the Court today, which is taken on record, as well as perused the record.

The present application has been filed by the applicant seeking following main relief:-

"Hon'ble Court kindly be pleased to quash the FIR dated 12-06-2024 in crime No. 186/2024, u/s 419,420,467,468,469,471,506 I.P.C. Police Station Jagdishpur District- Amethi, which shown as annexure no. 1 in application."

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.

Order Date :- 30.1.2025/Arun/-

Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench