Hari Om and 3 Others v. State of U.P. and 4 Others
Case brief
What is this about?
Interim protection from arrest; Allahabad High Court writ challenging FIR No. 45 of 2025, P.S. Farah, District Mathura, under Sections 318, 338, 336(3), 340(2), 61 of B.N.S.; FIR held to be apparent abuse of process of criminal law stemming from factional trust-vs-society dispute over Jawahar Inter College, Ole, Mathura; related matter Writ-C No. 26558 of 2024 (stay of Deputy Director of Education's order dated 24.07.2024); prima facie case found; petition admitted, notices issued, counters in three weeks; investigation to continue; order communicated via CJM Mathura within 24 hours; listed 07.07.2025; bench J.J. Munir and Anil Kumar-X; counsel Yadvendra Rai Pandey, Yogesh Kumar Saxena, Deepak Mishra (AGA-I), Saroj Kumar Yadav.
What did the court decide?
Writ petition admitted and notice ordered; notice accepted by Mr. Deepak Mishra, learned A.G.A.-I for respondent nos. 1 to 4 and by Mr. Saroj Kumar Yadav, Advocate for respondent no. 5, with three weeks granted to the respondents' counsel to file counter affidavits. On Civil Misc. Stay Application No. 1 of 2025, until further orders the petitioners shall not be arrested in FIR No. 45 of 2025 (Sections 318, 338, 336(3), 340(2), 61, B.N.S., P.S. Farah, Mathura) while investigation proceeds to its logical conclusion. The order is to be communicated to the SSP, Mathura and SHO, P.S. Farah through the Chief Judicial Magistrate, Mathura by the Registrar (Compliance) within 24 hours; case listed for orders on 07.07.2025 with a report on status of pleadings.