Disposed¶10

Om Prakash Pandey v. State of U.P. and 2 Others

Allahabad HC7 Jul 2025CRLP/12411/2025

Case brief

AI extract

What is this about?

Quashing of FIR; Case Crime No. 293 of 2025; P.S. Cantt, Gorakhpur; sections 406, 419, 420, 467, 468, 471, 504, 506 IPC; Om Prakash Pandey v. State of U.P.; CRIMINAL MISC. WRIT PETITION No. 12411 of 2025; investigation to conclude within 60 days; interim protection from arrest till cognizance; recall application on non-cooperation; Shobhit Nehra v. State of U.P. relied on; Allahabad High Court; 8.7.2025.

What did the court decide?

Writ petition disposed of with direction to the investigating officer to conclude investigation within 60 days; petitioner not to be arrested during investigation and till cognizance is taken on the police report, subject to recall of the order upon non-cooperation with the investigation. ¶10

Om Prakash Pandey Vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:107570-DB

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Court No. - 47

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Case :- CRIMINAL MISC. WRIT PETITION No. - 12411 of 2025

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Petitioner :- Om Prakash Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Shahi,Sumit Kumar Srivastava Counsel for Respondent :- Anil Kumar Dubey,Bajrangi Mishra,G.A.

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Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the petitioner; Sri Anil Kumar Dubey, learned counsel for respondent no.3 and learned AGA for State-respondents.

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The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 23.05.2025 registered as Case Crime No. 293 of 2025, under sections- 406, 419, 420, 467, 468, 471, 504, 506 IPC and, Police Station- Cantt, District - Gorakhpur and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.

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With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter.

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After hearing the rival contentions, totality of facts and circumstances of this case and in view of the judgment passed by Division Bench of this Court in Criminal Misc. Writ petition No. 7463/2024 (Shobhit Nehra Vs. State of U.P.) , the above noted writ petition is disposed of directing the investigating officer to conclude the investigation of this case within period of 60 days.

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During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioner shall not be arrested.

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In case of non-cooperation with the police investigation by the petitioner, it shall be open for either of the respondents to file recall application of this order.

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Order Date :- 8.7.2025 Shivangi

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(Avnish Saxena, J.) (Siddharth, J.)

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Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad

Om Prakash Pandey v. State of U.P. and 2 Others

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Om Prakash Pandey v. State of U.P. and 2 Others

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