Harsh Mishra v. State of Up and 3 Others
Case brief
What is this about?
Writ petition seeking quashing of an FIR under BNS sections arising from a property dispute with a local corporator informant. The court issued notice to the respondents and interim protection from arrest till police report or next listing, subject to cooperation in investigation.
What did the court decide?
Petitioner not to be arrested in pursuance of the impugned FIR till next date or Section 193 BNSS police report, whichever is earlier, provided he cooperates in investigation.
What the court decided
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1053 of 2025
Petitioner :- Harsh Mishra Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Anuj Kumar Singh,Suraj Pandey
Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J.
- Heard Sri Suraj Pandey, learned counsel for the petitioner as well as Sri Rahul Asthana, learned A.G.A. for the State respondents and perused the record.
- The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 31.12.2024, registered as Case Crime No. 0858 of 2024, under Sections 333, 115(2), 352, 309(4), 351(2) B.N.S., P.S. Kotwali, Orai, District Jalaun, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
- Submission of learned counsel for the petitioner is that admittedly the property in question has already been mutated in the name of father of the petitioner. It is further submitted that admittedly the informant has filed a suit being Original Suit No. 420 of 2024 (Jai Shankar and others vs. Manoj Kumar and others) and no interim injunction has been granted to him and thereafter by filing an application under Section 173(4) BNSS, present criminal prosecution has been lodged. It is submitted that the informant is a corporator of the same area and has lodged this false prosecution to put pressure on the petitioner so that either matter may be compromised or property may be surrendered to him.
Issues for consideration
2 issues framed by the court
Whether the FIR dated 31.12.2024 under Sections 333, 115(2), 352, 309(4), 351(2) BNS should be quashed.
Whether the petitioner should be protected from arrest during pendency of the writ petition.
Parties & counsel
- petitioner
Harsh Mishra
- respondent
State Of Up
- respondent
3 Others
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- CRLP/1053/2025
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