Alok Kumar Mishra vs State of U.P. and 2 Others

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 11240 of 2025

Petitioner :- Alok Kumar Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aman Arya,Gyanendra Kumar Counsel for Respondent :- G.A.

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Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.

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1. Heard Shri Aman Arya alongwith Shri Gyanendra Kumar, learned counsel for the petitioner and Shri Anuj Kumar Mishra, learned A.G.A. for the State respondents.

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2. The present writ petition has been filed with the prayer to quash the impugned First Information Report dated 12.03.2025, registered as Case Crime No.0051 of 2025, under Sections 319(2), 318(4), 338, 336(3) and 340(2) of BNS, 2023, Police Station Soraon, District Prayagraj. Further prayer has been made not to arrest the petitioner pursuant to said order.

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3. Learned counsel for the petitioner submits that similarly situated person has already been granted indulgence by this Court vide order dated 22.04.2025 passed in Criminal Misc. Writ Petition No. 7047 of 2025 (Smt. Ratna Priya Pandey vs. State of U.P. and 2 Others) and therefore, the petitioner herein is also entitled for the same interim protection. The said order dated 22.04.2025 passed in Criminal Misc. Writ Petition No. 7047 of 2025 (Smt. Ratna Priya Pandey vs. State of U.P. and 2 Others) is quoted as under:

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"1. Heard learned counsel for the petitioner and learned A.G.A. for the State respondents.

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2. The relief sought in this petition is for quashing of the F.I.R. dated 12.03.2025 registered as Case Crime No.0051 of 2025 under Section 319(2), 318(4), 338, 336(3), 340(2) BNS 2023 IPC, Police Station Soraon, District Prayagraj. Further prayer has been made not to arrest the petitioner in the aforesaid case.

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3. Learned counsel for the petitioner submits that petitioner has no complicity in the instant case. The whole prosecution story is totally false and frivolous and the petitioner has been falsely implicated with ulterior motive. He submits that the petitioner is aggrieved party as he has already paid the sale consideration to a person who was having power of attorney. Once he tried to take possession over the disputed land, then it transpires that the power of

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attorney holder was not valid power of attorney holder. He immediately made a complaint, on which investigation is going on. Meanwhile original owner of the property lodged First Information Report not only against the person, who has executed the sale deed but also against the petitioner. He submits that the petitioner is not inclined to have any say in the property in question and whatever civil or criminal proceeding is drawn, the same is to be drawn against the person, who has executed the sale deed at the behest of alleged power of attorney. Lastly it is contended that the petitioner is innocent and having no criminal antecedent and he is ready to co-operate in the on-going investigation.

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4. The matter requires consideration by this Court.

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5. Issue notice to the respondent No.3 returnable at an early date.

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6. Steps be taken within a week by ordinary process as well as by registered post.

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7. All the respondents may file counter affidavit within four weeks. Petitioner shall have one week, thereafter, to file rejoinder affidavit.

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8. List thereafter.

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9. Considering the facts and circumstances of the case as briefly discussed above, as an interim measure, till the next date of listing or till submission of police report u/s 193(3) B.N.S.S., whichever is earlier, the respondents are restrained from arresting the petitioner pursuant to the impugned FIR, subject to cooperation in the on-going investigation."

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4. Connect with Criminal Misc. Writ Petition No. 7047 of 2025 (Smt. Ratna Priya Pandey vs. State of U.P. and 2 Others).

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5. Put this case on the dated fixed in the connected matter as fresh before the appropriate Bench.

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6. Till the next date of listing or till submission of police report under Section 193(3) of BNSS, whichever is earlier, the petitioner herein shall not be arrested in pursuance of the Information Report dated 12.03.2025, registered as Case Crime No.0051 of 2025, under Sections 319(2), 318(4), 338, 336(3) and 340(2) of BNS, 2023, Police Station Soraon, District Prayagraj, provided the petitioner cooperates in the investigation.

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Order Date :- 29.5.2025 Nitendra

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Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad

Alok Kumar Mishra v. State of U.P. and 2 Others

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Alok Kumar Mishra v. State of U.P. and 2 Others

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