Shahista Bano and Another vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2025)

Shahista Bano and Another vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief only: petitioners not to be arrested till the next date of listing or till submission of police report, whichever is earlier, subject to cooperation in investigation; petition otherwise kept alive for counters, rejoinder and relisting with Crl. Misc. Writ Petition No. 19065 of 2025.

Issue for consideration

Whether the FIR dated 2.8.2025 (Case Crime No. 0167 of 2025, Police Station Manda) should be quashed, the petitioners contending they are bona fide purchasers, that the first informant had an efficacious remedy before the civil court, and that a purely civil dispute has been given colour of criminality.

Court's answer

Interim protection from arrest: till the next date of listing or till the submission of police report, whichever is earlier, the petitioners shall not be arrested in Case Crime No. 0167 of 2025, subject to their cooperation in the investigation; in the event the petitioners do not cooperate, the police may approach the Court.

Ratio / Principle

Notice to issue to respondent no.3 by registered post, with steps to be taken within a week; learned AGA appears for respondent nos.1 and 2.

Key takeaways

Respondents may file counter affidavits within three weeks; rejoinder affidavit, if any, within two weeks thereafter.ratio¶10
The matter is to be listed thereafter alongwith Crl. Misc. Writ Petition No. 19065 of 2025.ratio¶11

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Court No. 43) — Criminal Misc. Writ Petition No. 19069 of 2025, Shahista Bano and another v. State of U.P. and others (Siddhartha Varma and Abdul Shahid, JJ.; order dated August 28, 2025) — INTERIM ORDER. The petition sought quashing of the First Information Report dated 2.8.2025 giving rise to Case Crime No. 0167 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2), 352, 351(3) B.N.S., Police Station Manda, District Yamunapar (Commissionerate Prayagraj). Counsel for the petitioners contended that the petitioners were bona fide purchasers, that the respondent-first informant had an efficacious remedy before the civil court, and that a purely civil dispute had been given colour of criminality. The Court observed that the matter requires consideration and, without adjudicating the merits: (i) issued notice to respondent no.3 by registered post (steps within a week), the learned AGA appearing for respondent nos.1 and 2; (ii) permitted respondents to file counter affidavits within three weeks and rejoinders within two weeks thereafter; (iii) directed listing alongwith Crl. Misc. Writ Petition No. 19065 of 2025; and (iv) as interim relief, directed that till the next date of listing or till submission of the police report, whichever is earlier, the petitioners shall not be arrested in the aforesaid case, subject to their cooperation in the investigation, failing which the police may approach the Court.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19069 of 2025

Shahista Bano And Another

.....Petitioner(s)

	Versus
State Of U.P. And 2 Others		.....Respondent(s)
Counsel for Petitioner(s)	: Himanshu Giri	Goswami, Pawan
Counsel for Respondent(s)	: G.A.
Court No.- 43

HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J.

This writ petition has been filed for quashing of the First Information Report dated 2.8.2025 giving rise to Case Crime No. 0167 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2), 352, 351(3) B.N.S., Police Station Manda,District Yamunapar (Commissionerate Prayagraj.

Contention of learned counsel for the petitioners is that the petitioners are bona fide purchasers and that the respondent-first informant had efficacious remedy before the civil court. Learned counsel for the petitioners further states that a purely civil dispute has been given colour of criminality.

3. Matter requires consideration.

Learned AGA appears for respondent nos.1 and 2.Issue notice to respondent no.3 by registered post.Steps be taken within a week.

Respondents may file their counter affidavits within a period of three weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List thereafter alongwith Crl. Misc.Writ Petition No. 19065 of

CRLP No. 19069 of 2025

2

2025.

Till the next date of listing or till the submission of police report, whichever is earlier, the petitioners shall not be arrested in the aforesaid case, subject to their cooperation in the investigation. In the event, petitioners do not cooperate in the investigation, the police may approach this Court.

August 28, 2025 sfa/

(Abdul Shahid,J.) (Siddhartha Varma,J.)

Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad