Ramsukh Chauhan vs State of U.P. and 3 Others — Cheating and Forgery | Allahabad HC (2025)

Ramsukh Chauhan vs State of U.P. and 3 Others — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim restraint on arrest of the petitioner pursuant to the impugned F.I.R. till the next date of listing or till submission of the police report under Section 173(2) Cr.P.C. (now Section 193(3) of Bhartiya Nagrika Suraksha Sanhita, 2023), whichever is earlier, subject to his co-operation in the ongoing investigation; notice issued to respondent no.4 (steps within a week); counter affidavits within six weeks and rejoinder two weeks thereafter; matter connected and listed with Crl. Misc. Writ Petition Nos.1256 of 2025, 2085 of 2025 and 1131 of 2025; final decision on quashing of the F.I.R. deferred.

Issue for consideration

Whether the F.I.R. registered as Case Crime No.0005 of 2025 under Sections 419, 420, 467, 468, 471, 504, 506 and 120B of IPC, P.S. Kotwali, District-Mau, ought to be quashed. +1 more

Court's answer

Final relief on the prayer for quashing of the F.I.R. was neither granted nor refused at this stage; the Court recorded that the matter requires consideration and deferred final adjudication to a future date.

Ratio / Principle

Interim protection from arrest: until the next date of listing or until submission of the police report under Section 173(2) Cr.P.C. (now Section 193(3) of Bhartiya Nagrika Suraksha Sanhita, 2023), whichever is earlier, the respondents are restrained from arresting the petitioner pursuant to the impugned F.I.R., subject to his co-operation in the ongoing investigation.

Key takeaways

Notice to be issued to respondent no.4, returnable at an early date, with steps to be taken within a week.ratio¶5
All respondents to file counter affidavit within six weeks; petitioner to have two weeks thereafter to file rejoinder affidavit.ratio¶6
Proceedings to be connected and listed with Crl. Misc. Writ Petition Nos.1256 of 2025, 2085 of 2025 and 1131 of 2025.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Mahesh Chandra Tripathi, J. and Hon'ble Prashant Kumar, J.), order dated 11.2.2025 in Criminal Misc. Writ Petition No. 1816 of 2025 (Ramsukh Chauhan v. State of U.P. and 3 others): Petition seeks quashing of the F.I.R. registered as Case Crime No.0005 of 2025 under Sections 419, 420, 467, 468, 471, 504, 506 and 120B of IPC, P.S. Kotwali, District-Mau, and protection from arrest. Counsel relied on coordinate-bench interim reliefs dated 22.01.2025, 05.02.2025 and 07.02.2025 in allied writ petitions Nos.1256, 2085 and 1131 of 2025. The Court issued notice to respondent no.4 (returnable at an early date, steps within a week), allowed counter affidavits within six weeks with rejoinder two weeks thereafter, ordered connection and listing with the three allied writ petitions, and restrained the respondents from arresting the petitioner pursuant to the impugned F.I.R. until the next date of listing or submission of the police report under Section 173(2) Cr.P.C. (now Section 193(3) of Bhartiya Nagrika Suraksha Sanhita, 2023), whichever is earlier, subject to his co-operation in the ongoing investigation. The prayer for quashing was left undecided, the Court observing that the matter requires consideration.

Court No. - 42

Case :- CRIMINAL MISC. WRIT PETITION No. - 1816 of 2025

Petitioner :- Ramsukh Chauhan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gokaran Singh Counsel for Respondent :- G.A.

Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

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

The relief sought in this petition is for quashing of the F.I.R. registered as Case Crime No.0005 of 2025, under Sections 419, 420, 467, 468, 471, 504, 506 and 120B of IPC, P.S. Kotwali, District-Mau. Further prayer has been made not to arrest the petitioner in the aforesaid case.

At the very outset, learned counsel for the petitioner submitted that a Coordinate Bench has already accorded interim relief to coaccused persons vide orders dated 22.01.2025, 05.02.2025 and 07.02.2025 passed in Crl. Misc. Writ Petition Nos.1256 of 2025, 2085 of 2025 and 1131 of 2025 and hence, similar indulgence may be extended to the present petitioner too. He next contended that the that the petitioner is totally innocent and has been falsely implicated in the present case due to ulterior motive. He further submitted that the petitioner is not the custodian of the official document qua which there is allegation against him that he has destroyed the same. No specific role has been assigned to the petitioner in the impugned FIR.

The matter requires consideration.

Issue notice to respondent no.4 returnable at an early date. Steps be taken within a week.

All the respondents may file counter affidavit within six weeks. Petitioner will have two weeks thereafter to file rejoinder affidavit.

Connect and list with Crl. Misc. Writ Petition Nos.1256 of 2025, 2085 of 2025 and 1131 of 2025.

Till the next date of listing, or till submission of the police report

under Section 173(2) Cr.P.C. (now Section 193(3) of Bhartiya Nagrika Suraksha Sanhita, 2023), whichever is earlier, the respondents are restrained from arresting the petitioner pursuant to the impugned F.I.R. subject to his co-operation in the ongoing investigation.

Order Date :- 11.2.2025 Manish Himwan

Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad