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

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

What the court decided

AI extract

Outcome

Interim relief only: petitioner not to be arrested till the next date of listing or till the submission of police report, whichever is earlier, subject to his cooperation with the investigation; final consideration of the quashing prayer deferred, with counter/rejoinder timelines fixed.

Issue for consideration

Whether the First Information Report dated 18.11.2025 (Case Crime No. 0724 of 2025, under Sections 316(5), 318(4), 319(2), 336(3), 338, 340(2) of B.N.S., Police Station Chaubeypur, Commissionerate Varanasi) should be quashed, the petitioner contending that the main role is assigned to one Vivek Kumar Jaiswal and that the petitioner himself has no role whatsoever.

Court's answer

The Court observed that the matter requires consideration, i.e., the prayer for quashing of the FIR was not decided at this stage but taken up for further consideration.

Ratio / Principle

Notice was ordered to be issued to respondent no. 3, respondents no. 1 and 2 being represented by the learned A.G.A.

Key takeaways

Respondents were permitted to file a counter affidavit within three weeks, with rejoinder affidavit, if any, within two weeks thereafter, and the matter was directed 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; the petitioner is to cooperate with the investigation, and in the event he fails to do so, the police shall be at liberty to approach the Court by means of an application.ratio¶18

Detailed headnote1 paragraphs

Abhishek Kumar v. State of U.P. and 2 Others (Criminal Misc. Writ Petition No. 28561 of 2025, High Court of Judicature at Allahabad, Bench of Siddhartha Varma and Achal Sachdev, JJ., order dated December 11, 2025): Writ petition for quashing of FIR dated 18.11.2025 giving rise to Case Crime No. 0724 of 2025, under Sections 316(5), 318(4), 319(2), 336(3), 338, 340(2) of B.N.S., Police Station Chaubeypur, District Commissionerate Varanasi. Petitioner contends, on a bare reading of the FIR, that the main role is assigned to one Vivek Kumar Jaiswal and that he has no role whatsoever. Court held the matter requires consideration; notice issued to respondent no. 3; counter affidavit within three weeks and rejoinder affidavit, if any, within two weeks thereafter. Interim order: till the next date of listing or till submission of police report, whichever is earlier, the petitioner shall not be arrested; petitioner to cooperate with investigation, failing which the police may approach the Court by application.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 28561 of 2025

Abhishek Kumar

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Avinash Jaiswal, Vishal Jaiswal
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 learned A.G.A. for the Staterespondents.

This writ petition has been filed for quashing of the First Information Report dated 18.11.2025 giving rise to Case Crime No. 0724 of 2025, under Sections 316(5), 318(4), 319(2), 336(3), 338, 340(2) of B.N.S., Police Station - Chaubeypur, District - Commissionerate Varanasi.

Contention of the learned counsel for the petitioner is that the a bare reading of the first information report itself shows that the main role has been assigned to one Vivek Kumar Jaiswal. Learned counsel for the petitioner states that the petitioner has no role whatsoever.

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.

December 11, 2025 M.S. Ansari

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

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