Disposed

Zakir v. State of U.P. and 2 Others

Allahabad HC6 Feb 2025CRLP/2166/2025

Case brief

AI extract

What is this about?

A writ petition seeking quashing of an FIR under BNS 2023 sections relating to forgery, cheating, obstruction and property offences over alleged encroachment where a Masjid stands. Following the Shobit Nehra precedent, no arrest was permitted till cognizance on the police report, subject to cooperation in investigation.

What did the court decide?

No arrest of petitioner pursuant to the FIR till cognizance on police report, subject to cooperation in investigation.

Zakir vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:16912-DB

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Court No. - 47

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2166 of 2025

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Petitioner :- Zakir Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Durgesh Kumar Singh,Rishabh Narain Singh Counsel for Respondent :- G.A.

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Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J.

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

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The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 25.01.2025, registered as Case Crime No. 0051 of 2025, under Sections- 319(2), 318(4), 338, 336(3), 340(2) and 329(3) of Bhartiya Nyaya Sanhita, B.N.S., 2023 and Section 2 and 3 of Sarvjanik Sampatti Nuksan Niwaran Adhiniyam, 1984, Police Station- Hata, District- Kushinagar, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.

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Counsel for the petitioner submits that earlier demolition notice was issued regarding the property of Waqf. The initial vendor of property in dispute appeared before this court and filed Writ-C No. 127 of 2025 which was disposed of directing the respondent concerned to decide objection of petitioner against demolition. In the meantime, F.I.R has been lodged with regard to same property alleging illegal encroachment over property whereon a Masjid is situated. When the writ petition aforesaid was disposed of and authority concerned was directed to decide the representation of the petitioner, only to avoid the order of this court passed in writ petition noted above the present F.I.R has been lodged.

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Learned A.G.A has submitted that allegations are correct and are being probed by Investigating Officer.

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For the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of

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2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others) the writ petition is disposed of directing that till cognizance is taken on police report under Section 193(3) B.N.S.S., by the court the respondents shall not arrest the petitioner pursuant to the First Information Report dated 25.01.2025, registered as Case Crime No. 0051 of 2025, under Sections- 319(2), 318(4), 338, 336(3), 340(2) and 329(3) of Bhartiya Nyaya Sanhita, B.N.S., 2023 and Section 2 and 3 of Sarvjanik Sampatti Nuksan Niwaran Adhiniyam, 1984, Police Station- Hata, District- Kushinagar, subject to cooperation in ongoing investigation.

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In case, the accused persons do not cooperate with the investigation, the investigating officer shall be at liberty to file a recall application for recalling this order before this court.

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Order Date :- 6.2.2025 Rohit

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(Praveen Kumar Giri, J.) (Siddharth, J.)

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Digitally signed by :- ROHIT DAS ABHISHEK YADAV High Court of Judicature at Allahabad

Zakir v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Zakir v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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