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

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

What the court decided

AI extract

Outcome

Interim protection from arrest: the petitioner shall not be arrested till the next date of listing or till the submission of police report, whichever is earlier, subject to cooperation with investigation; notice issued to respondent no. 3 with counter affidavit within three weeks and rejoinder within two weeks thereafter. The quashing prayer itself remains undecided ('Matter requires consideration').

Issue for consideration

Whether the First Information Report dated 31.08.2025 (Case Crime No. 0280 of 2025, Police Station Inchauli, District Meerut) under Sections 318(3), 61(2)(b), 336(3), 338, 340(2) of B.N.S. ought to be quashed. +1 more

Court's answer

Respondents no. 1 and 2 are represented by learned A.G.A.; notice is issued to respondent no. 3.

Ratio / Principle

Learned counsel for the petitioner is permitted to incorporate the amendment in the prayer of the State Application and also of the writ petition during the course of the day.

Key takeaways

Respondents may file counter affidavit within three weeks; rejoinder affidavit, if any, within two weeks thereafter; matter to be listed thereafter.ratio¶¶16
Interim protection: till the next date of listing or till the submission of police report, whichever is earlier, the petitioner shall not be arrested; he is to cooperate with the investigation, failing which the police shall be at liberty to approach the Court by means of an application.ratio¶¶18

Detailed headnote1 paragraphs

Allahabad High Court (Siddhartha Varma and Achal Sachdev, JJ.), Criminal Misc. Writ Petition No. 27355 of 2025, Shahrukh Khan v. The State of U.P. and 2 Others (decided November 27, 2025): Writ petition filed for quashing of FIR dated 31.08.2025, Case Crime No. 0280 of 2025, under Sections 318(3), 61(2)(b), 336(3), 338, 340(2) of B.N.S., Police Station Inchauli, District Meerut. Petitioner's contention: he is not named in the FIR and investigation revealed he was only a witness of the sale deed. Court held the matter requires consideration; issued notice to respondent no. 3; permitted counter affidavit within three weeks and rejoinder within two weeks thereafter. Interim direction: petitioner not to be arrested till the next date of listing or submission of police report, whichever is earlier, provided he cooperates with the investigation; on failure, police free to approach the Court by application. No final adjudication on quashing.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 27355 of 2025

Shahrukh Khan

.....Petitioner(s)

Versus

The State Of U.P. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Akarsh Dwivedi,	Yagyadhar Tripathi
Counsel for Respondent(s)	: G.A.

Court No. - 42

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

Learned counsel for the petitioner is permitted to incorporate the amendment in the prayer of the State Application and also of the writ petition during the course of the day.

This writ petition has been filed for quashing of the First Information Report dated 31.08.2025 giving rise to Case Crime No. 0280 of 2025, under Sections 318(3), 61(2)(b), 336(3), 338, 340(2) of B.N.S., Police Station - Inchauli, District - Meerut.

Contention of the learned counsel for the petitioners is that the petitioner is not named in the first information report. However, upon investigation it only transpired that the petitioner was only a witness of sale deed.

Matter requires consideration.

Respondents no. 1 and 2 are represented by learned A.G.A. Issue notice to respondent no. 3.

Respondents may file counter affidavit 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. The petitioner will cooperate with the investigation. In the event he fails to do so, the police shall be at liberty to approach this Court by means of an application.

November 27, 2025 M.S. Ansari

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

Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad