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

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

What the court decided

AI extract

Outcome

Interim order: the petitioner shall not be arrested till the next date of listing or till the submission of police report, whichever is earlier, subject to his cooperation in the investigation (failing which the police may approach the Court); notice to respondent no.3; respondents to file counter affidavits within three weeks and rejoinder within two weeks thereafter. Final prayer for quashing of the FIR left pending.

Issue for consideration

Whether the First Information Report dated 10.2.2025 (Case Crime No. 0043 of 2025, under Sections 409, 420, 467, 468, 471 IPC, Police Station Nizamabad, District Azamgarh) should be quashed. +1 more

Court's answer

The prayer to quash the FIR was not decided at this stage; the Court observed that the matter requires consideration and scheduled further hearing with directions for exchange of affidavits.

Ratio / Principle

Interim protection from arrest granted: till the next date of listing or till the submission of police report, whichever is earlier, the petitioner shall not be arrested in the aforesaid case.

Key takeaways

The interim protection is conditional on the petitioner's cooperation in the investigation; in the event he does not cooperate, the police may approach this Court.ratio¶18
Learned AGA appeared for respondent nos. 1 and 2; notice was ordered to respondent no.3 by registered post, with steps to be taken within a week.ratio¶15
Respondents were permitted to file counter affidavits within three weeks, and rejoinder affidavit, if any, within two weeks thereafter.ratio

Detailed headnote1 paragraphs

Criminal Misc. Writ Petition No. 19579 of 2025, High Court of Judicature at Allahabad (Hon'ble Siddhartha Varma, J. and Hon'ble Abdul Shahid, J.), September 25, 2025 — Tabrez v. State of U.P. and 2 others: petition for quashing of FIR dated 10.2.2025 giving rise to Case Crime No. 0043 of 2025, under Sections 409, 420, 467, 468, 471 IPC, Police Station Nizamabad, District Azamgarh. Counsel for the petitioner contended that the petitioner is a rickshaw puller having nothing to do with the college and was wrongly shown as Manager in the FIR. The Court held that the matter requires consideration; issued notice to respondent no.3 by registered post (steps within a week); permitted respondents to file counter affidavits within three weeks and rejoinder, if any, within two weeks thereafter. Interim protection granted: till the next date of listing or till submission of police report, whichever is earlier, the petitioner shall not be arrested, subject to his cooperation in the investigation; in the event of non-cooperation, the police may approach the Court.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 19579 of 2025

Tabrez

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Amit Kumar Verma, Chandrawati
Counsel for Respondent(s)	: G.A.

Court No. - 43

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

Heard Sri Vipin Gangwar, holding brief of Sri Amit Kumar Verma, learned counsel for the petitioner and learned AGA for the State.

This writ petition has been filed for quashing of the First Information Report dated 10.2.2025 giving rise to Case Crime No. 0043 of 2025, under Sections 409, 420, 467, 468, 471 IPC, Police Station Nizamabad, District Azamgarh.

Contention of learned counsel for the petitioner is that the petitioner is a rickshaw puller and he has nothing to do with the college. Learned counsel for the petitioner states that in the FIR, the petitioner has wrongly been shown as Manager.

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.

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

September 25, 2025

sfa/

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

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