Somnath Yadav Vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2025)

Somnath Yadav Vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with the observation/direction that the Investigating Officer is bound to follow paragraph 107 of the Police Regulations in conducting the investigation of F.I.R./Case Crime No. 0094/2025; the prayers for supply of videos, Key Register, account details and other documents, and the mandamus against arrest of the petitioner, are not specifically granted.

Issue for consideration

Prayer (i): whether a mandamus should issue commanding opposite party No. 3 to conduct fair investigation of F.I.R./Case Crime No. 0094/2025 (Sections 316(4), 318(4), 61(2), 336(2), 338, 340(2) BNS 2023, P.S. Vikas Nagar, Lucknow), and directing opposite parties Nos. 2 and 3 to obtain essential videos, Key Register, account details and other documents from opposite parties Nos. 4 and 5. +1 more

Court's answer

The court expects the Investigating Officer to follow the provisions of paragraph 107 of Police Regulations in conducting the fair investigation of this FIR, and disposes of the writ petition with the observation that the Investigating Officer is bound to follow paragraph 107 of the Police Regulations in conducting any investigation.

Ratio / Principle

In deciding the petition the court records that it is not clear from the pleadings whether the person who allegedly joined the Vikas Nagar branch later (the petitioner, appointed Assistant Branch Head on 11.01.2025) was involved in the changing of gold ornaments and their replacement with fake ornaments; that determination is stated to be a matter of investigation and collection of evidence. Accordingly, the no-arrest mandamus of Prayer (ii) is not granted.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 9 - CRIMINAL MISC. WRIT PETITION No. 6308 of 2025 (neutral citation 2025:AHC-LKO:41683-DB), decided 21.7.2025 before Hon'ble Mrs. Sangeeta Chandra, J. and Hon'ble Subhash Vidyarthi, J. Petitioner Somnath Yadav, appointed Assistant Branch Head of the Mannapuram Gold Loan branch at Sai Plaza, Vikas Nagar, Lucknow on 11.01.2025 (after the Former Branch Head Anurag Singh and Assistant Branch Head Satish Singh resigned on 01.01.2025), prayed (i) for fair investigation of F.I.R./Case Crime No. 0094/2025, U/s-316(4), 318(4), 61(2), 336(2), 338, 340(2) BNS 2023, Police Station-Vikas Nagar, District-Lucknow, with directions to obtain essential videos, Key Register, account details and other documents, and (ii) that opposite parties Nos. 2 and 3 not arrest him pursuant to that FIR (alleged replacement of customers' gold with fake ornaments; counsel contended he was innocent and falsely implicated; learned A.G.A. held Prayer (i) non-maintainable on behalf of the accused and observed Prayer (ii) was made without praying for quashing of the FIR). The court held it not clear from the pleadings whether the person who joined the branch later was involved in the ornament substitution, deeming it a matter of investigation and collection of evidence, and DISPOSED OF the writ petition with the observation that the Investigating Officer is bound to follow the provisions of paragraph 107 of the Police Regulations in conducting any investigation. No arrest-protection direction was granted; no precedents were cited.

Neutral Citation No. - 2025:AHC-LKO:41683-DB

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 6308 of 2025

Petitioner :- Somnath Yadav

Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Petitioner : - Neeta Singh Chandel,Ambrish Kumar Dubey,Ram Naresh Singh Counsel for Respondent : - G.A.

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J.

Heard learned counsel for the petitioner as well as learned A.G.A. who appears for the State-respondents and perused the record.

The instant writ petition has been filed with the following prayers:

"(i) issue a writ, order or direction in the nature of mandamus commanding the opp. Party No. 3 to conduct fair investigation of F.I.R./Case Crime No. 0094/2025, U/s-316(4), 318(4), 61(2), 336(2), 338, 340(2) BNS 2023, Police Station-Vikas Nagar, District-Lucknow and also direct the opposite party no. 2 and 3 to provide the all essential videos, Key Register, Account Details and other documents from the opposite party no. 4 and 5.

(ii) issue a writ of, order or direction in the nature of mandamus thereby commanding the opp. party no. 2 & 3 to not to the arrest of the petitioner in pursuance of F.I.R./Case Crime No. 0094/2025, U/s-316(4), 318(4), 61(2), 336(2), 338, 340(2) BNS 2023, Police Station-Vikas Nagar, District-Lucknow."

It has been submitted by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the impugned FIR. As per prosecution story mentioned by the Area Head, Mannapuram Gold Loan, Finance Company, certain employees of the company's Branch situated at Sai Plaza, Vikas Nagar, Lucknow had committed the offence, as mentioned in the F.I.R.. The safe which contained the customer's gold ornaments was somehow opened and the ornaments wee changed and fake ornaments were placed.

It has been submitted that the petitioner was not posted at the said Branch. The Former Branch Head Anurag Singh and Assistant Branch Head Satish Singh had submitted their

resignation and left the Branch on 01.01.2025 and after such resignation, the company had appointed one Somnath Yadav as Assistant Branch Head on 11.01.2025. On complaint being made, Audit of gold packets was made done by an Auditor and at the time of testing all the gold found in the packets were found to be correct but later on fake ornaments were found.

learned A.G.A. has submitted that the writ petition is not maintainable, so far as the prayer No. 1 is concerned on behalf of the accused. With regard to the prayer No.2 made in the writ petition, it has been stated that without praying for quashing of the F.I.R., the prayer for mandamus has been made directing the respondents not to arrest the petitioner.

It is not clear from the pleadings of record, whether the person, who joined allegedly later in the company's Branch at Vikas Nagar was involved in the changing of the gold ornaments and replacing them with fake ornaments as it is a matter of investigation and collection of evidence. However, we expect the Investigating Officer to follow the provisions of paragraph 107 of Police Regulations in conducting the fair investigation in the matter.

This writ petition is disposed of with the observation that the Investigating Officer is bound to follow the provisions of paragraph 107 of Police Regulations in conducting any investigation.

(Subhash Vidyarthi,J.) (Sangeeta Chandra,J.)

Order Date :- 21.7.2025 Arvind

Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench