Alok Verma and Another vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2025)

Alok Verma and Another vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim immunity from arrest: the petitioners shall not be arrested in Case Crime No. 97 of 2025 till the next date of listing or filing of the police report, whichever is earlier, subject to proper cooperation in the investigation, failing which the benefit of the order lapses; petitioners further directed to appear before the Investigation Officer on 12.6.2025 at 11.00 A.M. and cooperate till filing of the police report. Substantive adjudication deferred with counter affidavit due in four weeks.

Issue for consideration

Whether the petitioners have been falsely implicated in Case Crime No. 97 of 2025 (P.S. Gangaghat, District Unnao), having committed no offence as alleged for the alleged incident of the year 2012 to 2019. +1 more

Ratio / Principle

Substantive adjudication deferred: the court stated that the matter requires consideration, postponing determination of the petitioners' grievances to a later hearing.

Key takeaways

Response timetable fixed: counter affidavit to be filed in four weeks, rejoinder affidavit in two weeks thereafter, and the matter to be listed in the week commencing 21.7.2025.ratio¶16
Notice ordered to opposite party no. 2, returnable at an early date, with steps to be taken within a week and office to proceed accordingly.ratio¶9
Interim protection granted: the petitioners shall not be arrested in the aforesaid case crime number till the next date of listing or filing of the police report, whichever is earlier, subject to proper cooperation in the investigation, failing which the benefit of this order would not be available to them.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 9 — Hon'ble Rajesh Singh Chauhan and Hon'ble Ram Manohar Narayan Mishra, JJ. — Order dated 5.6.2025 on Criminal Misc. Writ Petition No. 4715 of 2025 (Alok Verma and another v. State of U.P. and others). Petitioners aggrieved by F.I.R. dated 27.02.2025, Case Crime No. 97 of 2025, under sections 420, 406, 467, 468, 471, 506 IPC, P.S. Gangaghat, District Unnao, lodged pursuant to an application filed u/s 175(3) B.N.S.S. on 21.11.2024; counsel asserted false implication for the alleged incident of 2012 to 2019 and an unexplained inordinate delay. Court took second supplementary affidavit on record, ordered notice to opposite party no. 2, fixed counter affidavit (four weeks) and rejoinder (two weeks thereafter), listed the matter for the week commencing 21.7.2025, and passed interim directions: petitioners not to be arrested in the aforesaid case crime number till the next date of listing or filing of the police report, whichever is earlier, subject to proper cooperation in the investigation (benefit lapses otherwise), and to appear before the Investigation Officer on 12.6.2025 at 11.00 A.M. sharp and cooperate till filing of the police report.

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 4715 of 2025

Petitioner :- Alok Verma And Another

Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others

Counsel for Petitioner :- Srees Kumar Srivastava

Counsel for Respondent :- G.A.

Hon'ble Rajesh Singh Chauhan,J. Hon'ble Ram Manohar Narayan Mishra,J.

Heard Ms. Shivani Tiwari holding brief of Sri Srees Kumar Srivastava, learned counsel for the petitioners and Sri G.D. Bhatt, learned AGA for the State.

Issue notice to opposite party no. 2 returnable at an early date.

Steps within a week.

Office to proceed accordingly.

Learned counsel for the petitioners has filed second supplementary affidavit, same is taken on record.

By means of this petition the petitioners are aggrieved from the F.I.R. lodged by the opposite party no. 3 dated 27.02.2025 at Case Crime No. 97 of 2025, under section 420, 406, 467, 468, 471, 506 IPC, P.S. Gangaghat, District Unnao ( Annexure no. 1 to the writ petition).

Learned counsel for the petitioner has stated that the present petitioners have been falsely implicated in this case as they have not committed any offence as alleged for the alleged incident of the year 2012 to 2019. The present impugned F.I.R. has been lodged pursuant to the application filed u/s 175(3) B.N.S.S. on 21.11.2024 without explaining the aforesaid inordinate delay.

The matter requires consideration.

Let the counter affidavit be filed in four weeks. Rejoinder affidavit may be filed in two weeks thereafter.

List in the week commencing 21.7.2025.

Till the next date of listing or filing of the police report,

whichever is earlier, the present petitioners shall not be arrested in the aforesaid case crime number subject to their proper cooperation in the investigation, failing which the benefit of this order would not be available to them.

The petitioners are directed to appear before the Investigation Officer of the case on 12.6.2025 at 11.00 A.M. sharp to cooperate in the investigation. They shall further cooperate in the investigation till filing of the police report.

[Ram Manohar Narayan Mishra, J.] [Rajesh Singh Chauhan, J.] Order Date :- 5.6.2025 Om

Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench