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

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

What the court decided

AI extract

Outcome

Interim protection from arrest: petitioner not to be arrested till the next date of listing or till submission of police report, whichever is earlier, subject to cooperation in investigation; consideration of the quashing prayer deferred with notice and counter affidavits directed.

Issue for consideration

Whether the First Information Report dated 4.8.2025 (Case Crime No.0296 of 2025, Police Station Panki) under Sections 318(4), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023 should be quashed. +2 more

Court's answer

The Court held that the matter requires consideration and did not finally rule on the quashing prayer; it directed issue of notice to respondent no.3 by registered post (steps within ten days), counter affidavits by the respondents within three weeks, rejoinder, if any, within two weeks thereafter, and listing of the petition on the date fixed in the notice.

Ratio / Principle

As an interim measure, 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; in the event of non-cooperation, the police would be at liberty to approach the Court.

Detailed headnote1 paragraphs

Allahabad High Court (Siddhartha Varma and Achal Sachdev, JJ.), November 21, 2025 — Sushil Shukla v. State of U.P. (Criminal Misc. Writ Petition No. 26203 of 2025): Petition seeks quashing of FIR dated 4.8.2025 (Case Crime No.0296 of 2025, Sections 318(4), 338, 336(3), 340(2) BNS 2023, P.S. Panki, Commissionerate Kanpur Nagar) and protection from arrest; counsel contends a purely civil dispute (money allegedly taken without execution of sale deed, otherwise remediable by a suit for specific performance) has been given the colour of criminality. Court: matter requires consideration; notice to respondent no.3 by registered post; counter affidavits within three weeks, rejoinder within two weeks thereafter; till next listing or submission of police report, whichever is earlier, petitioner not to be arrested subject to cooperation in investigation, failing which police may approach the Court.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 26203 of 2025

Sushil Shukla

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s) : Prakash Narayan
Counsel for Respondent(s) : G.A.

Court No. - 42

HON'BLE SIDDHARTHA VARMA, J. HON'BLE ACHAL SACHDEV, J.

Heard learned counsel for the petitioner and the learned Additional Government Advocate for the State.

This writ petition has been filed for quashing of the First Information Report dated 4.8.2025 giving rise to Case Crime No.0296 of 2025 under sections 318(4), 338, 336(3), 340(2) of Bharatiya Nyaya Sanhita, 2023, Police Station Panki, District Western (Commissionerate Kanpur Nagar). The petitioner has also prayed that they be not arrested in pursuance of the impugned FIR.

Contention of learned counsel for the petitioner is that the informant had alleged that the petitioner had taken some money and had not got the sale deed executed. Learned counsel for the petitioner submits that if that is the grievance, the first informant could have filed a suit for specific performance. Learned counsel further submits that a purely civil matter has been given the colour of criminality.

Matter requires consideration.

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

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

List this petition on the date fixed in the notice.

CRLP No. 26203 of 2025

2

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

(Achal Sachdev,J.) (Siddhartha Varma,J.)

November 21, 2025 GS

Digitally signed by :- GAUTAM SONI High Court of Judicature at Allahabad