Jainendra Singh vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2025)

Jainendra Singh vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief only: petitioner not to be arrested pursuant to the impugned F.I.R. dated 26.04.2025 (Case Crime No. 088 of 2025) until the hearing on 14.07.2025, provided he fully cooperates in the on-going investigation; respondent no.4 (Shri Arun Kumar Singh, A.E., PWD Hamirpur) impleaded with notice returnable in three weeks; AGA to file counter affidavit in the same period; rejoinder within one week thereafter; case tagged with Cri. Misc. Writ Petition No. 9427 of 2025 and to be listed on 14.07.2025 alongwith the connected petition in the top ten cases before the appropriate Bench. Final adjudication deferred; no opinion expressed on the merits of the writ petition.

Issue for consideration

Whether the petitioner, having regard to the interim arrest-stay granted in the connected Cri. Misc. Writ Petition No. 9427 of 2025 (Ramesh Kumar Singhal and 7 Others Vs. State of U.P. and 3 Others), is entitled to similar indulgence (interim protection from arrest). +1 more

Ratio / Principle

Interim direction that the petitioner shall not be arrested in pursuance of the impugned F.I.R. dated 26.04.2025 (Case Crime No. 088 of 2025; Sections 61(2), 340(2), 336(3), 338, 318(4), 318(2), 256 of B.N.S.; Police Station Kotwali Nagar, District Hamirpur) till the hearing fixed for 14.07.2025, conditional on his fully cooperating in the on-going investigation by all means.

Key takeaways

Court permitted the petitioner to implead Shri Arun Kumar Singh, Assistant Engineer, Public Works Department, Hamirpur, as respondent no.4 during the course of the day, and ordered notice to him returnable within three weeks, with counter affidavit by the AGA within the same period and rejoinder within one week thereafter.ratio¶5

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 44) — Hon'ble Rajiv Gupta, J. and Hon'ble Harvir Singh, J. — Criminal Misc. Writ Petition No. 11513 of 2025 (Jainendra Singh v. State of U.P. and 2 Others) — Order dated 3.6.2025. Petitioner, represented by Sher Singh, alleged false implication and sought parity with the interim arrest-stay granted by a co-ordinate Bench on 12.05.2025 in Cri. Misc. Writ Petition No. 9427 of 2025 (Ramesh Kumar Singhal and 7 Others v. State of U.P.). The Court permitted impleadment of Shri Arun Kumar Singh, Assistant Engineer, Public Works Department, Hamirpur, as respondent no.4; issued notice returnable within three weeks; directed the AGA to file a counter affidavit within the same period and rejoinder within one week thereafter; tagged the matter with Writ Petition No. 9427 of 2025 for joint listing on 14.07.2025 in the top ten cases before the appropriate Bench; and, as an interim measure, directed that the petitioner shall not be arrested in pursuance of the impugned F.I.R. dated 26.04.2025, Case Crime No. 088 of 2025, under Sections 61(2), 340(2), 336(3), 338, 318(4), 318(2), 256 of B.N.S., Police Station Kotwali Nagar, District Hamirpur, provided he fully cooperates in the on-going investigation. Interim protection only; merits left open.

Court No. - 44

Case :- CRIMINAL MISC. WRIT PETITION No. - 11513 of 2025

Petitioner :- Jainendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sher Singh Counsel for Respondent :- G.A.

Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J.

Learned counsel for the petitioner prays for and is permitted to implead Shri Arun Kumar Singh, Assistant Engineer, Public Works Department, Hamirpur as respondent no.4 during the course of the day.

Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

Learned counsel for the petitioner has submitted that the petitioner is wholly innocent and has been falsely implicated in the present case due to ulterior motive.

Learned counsel for the petitioner has next drawn the attention of the Court to an order dated 12.05.2025 passed by the co-ordinate Bench of this Court in Cri. Misc. Writ Petition No. 9427 of 2025 (Ramesh Kumar Singhal and 7 Others Vs. State of U.P. and 3 Others), wherein, interim order has been passed in favour of the petitioners staying his arrest.

Learned counsel for the petitioner has further submitted that in view thereof, the petitioner is also entitled for similar indulgence.

Matter requires consideration.

Issue notice to newly impleaded respondent no.4 returnable within three weeks.

Steps be taken within a week.

Learned AGA for the State may also file counter affidavit within the same period.

Rejoinder affidavit, if any, may be filed within one week thereafter.

Tag with Cri. Misc. Writ Petition No. 9427 of 2025 (Ramesh Kumar Singhal and 7 Others Vs. State of U.P. and 3 Others).

List this case on 14.07.2025 alongwith connected petition in the top ten cases before the appropriate Bench.

Till then, the petitioner shall not be arrested in pursuance of the impugned F.I.R. dated 26.04.2025 giving rise to Case Crime No. 088 of 2025, under Sections 61(2), 340(2), 336(3), 338, 318(4), 318(2), 256 of B.N.S., Police Station Kotwali Nagar, District Hamirpur provided he fully cooperates in the on-going investigation by all means.

Order Date :- 3.6.2025 Nadim

Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad