Vijay Narayan Rai and Another vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Vijay Narayan Rai and Another vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order granting conditional non-arrest protection to the petitioners till the next date of listing or till submission of the Police report, whichever is earlier, subject to their cooperation in the investigation; notice ordered to respondent No. 3 and affidavits timetabled; substantive quashing question deferred.

Issue for consideration

Whether the F.I.R. dated 08.05.2025 registered as Case Crime No. 0161 of 2025 under Sections 316(5) of B.N.S, 2023, Police Station Raunapar, District Azamgarh, should be quashed.

Court's answer

The substantive quashing question was not decided at this stage; the Court held that the matter requires consideration.

Ratio / Principle

Notice was ordered to respondent No. 3, with steps to be taken within ten days, and the matter to be listed on the date indicated in the notice.

Key takeaways

Counter affidavit to be filed within three weeks; rejoinder affidavit, if any, within two weeks thereafter.ratio¶17
Interim protection from arrest: till the next date of listing or till submission of the Police report, whichever is earlier, the petitioners shall not be arrested, subject to their cooperation in the investigation; failing which the police may move an application before this Court.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 42; Siddhartha Varma and Achal Sachdev, JJ.) - Criminal Misc. Writ Petition No. 26211 of 2025, Vijay Narayan Rai v. State of U.P., order dated November 24, 2025. Interim order on a petition seeking quashing of the F.I.R. dated 08.05.2025 registered as Case Crime No. 0161 of 2025 under Sections 316(5) of B.N.S, 2023, Police Station Raunapar, District Azamgarh. Petitioners' counsel contended the FIR allegations were false and that the petitioners had already been given relief by this Court on 20.05.2025 in writ petition No. 7056 of 2025 after notices regarding alleged embezzlement of public money and issuance of a recovery certificate. Finding that the matter required consideration, the Court directed notice to respondent No. 3 (steps within ten days), filing of a counter affidavit within three weeks and rejoinder within two weeks thereafter, and granted interim relief that the petitioners shall not be arrested till the next date of listing or submission of the Police report, whichever is earlier, subject to their cooperation in the investigation, failing which the police may apply to the Court. The substantive quashing question remains undecided.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 26211 of 2025

Vijay Narayan Rai And Another

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)	: J.P.N. Singh
Counsel for Respondent(s)	: G.A.

Court No. - 42

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

Heard learned counsel for the petitioners and learned A.G.A. for the State.

The instant petition has been filed seeking quashing of the F.I.R. dated 08.05.2025 registered as Case Crime No. 0161 of 2025, under Sections 316(5) of B.N.S, 2023, Police Station Raunapar, District- Azamgarh.

Contention of the learned counsel for the petitioners is that when notices were issued to the petitioners with regard to explaining the embezzlement of public money and also a recovery certificate was issued, then the petitioners approached this court by means of writ petition No. 7056 of 2025, wherein on 20.05.2025 the petitioners were given relief by this court. Learned counsel for the petitioners states that all allegations made in the FIR are false.

Matter requires consideration.

Respondents No.1 and 2 are represented by the State.

Issue notice to the respondent No. 3. Steps be taken within a period of ten days.

Counter affidavit shall be filed within three weeks. Rejoinder affidavit, if any, be filed within two weeks thereafter.

List on the date indicated in the notice.

Till the next date of listing or till the submission of Police report, whichever is earlier, the petitioners shall not be arrested subject to their cooperation in the investigation. In the event they fail to do so, the police shall be at liberty to move an application before this Court.

November 24, 2025 vijay krishna

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

Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad