Anil Kumar Upadhyay and Another vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2026)

Anil Kumar Upadhyay and Another vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Admission-stage interim order: (i) notice to respondent No. 3 with service steps per the Rules of the Court; (ii) opposite parties to file counter affidavits within four weeks and petitioners rejoinder affidavits within two weeks thereafter; (iii) writ petition listed for admission on 18.02.2026; and (iv) as an interim measure, till the next date of listing, petitioners shall not be arrested pursuant to FIR dated 21.09.2025 (Case Crime No. 0739 of 2025). The quashing question itself remains undecided.

Issue for consideration

Whether the FIR dated 21.09.2025 (Case Crime No. 0739 of 2025, P.S. Bisrikh, District Gautam Buddh Nagar) is liable to be quashed as an abuse of the process of law, having regard to the arbitration clause (Clause 8) in the agreement dated 29.02.2024 between petitioner No. 1 and respondent No. 3. +1 more

Court's answer

Upon hearing learned counsel for the petitioners and the learned A.G.A. for the State, and upon perusal of the record, the Division Bench was of the opinion that the matter requires consideration.

Ratio / Principle

As an interim measure, till the next date of listing (18.02.2026), the petitioners shall not be arrested pursuant to the FIR dated 21.09.2025 registered as Case Crime No. 0739 of 2025.

Detailed headnote1 paragraphs

Allahabad High Court (Rajeev Misra, J. and Lakshmi Kant Shukla, J.), Criminal Misc. Writ Petition No. 27283 of 2025 (order dated January 7, 2026): Petitioners, including Anil Kumar Upadhyay, challenged FIR dated 21.09.2025 registered as Case Crime No. 0739 of 2025 under Sections 318(4), 338, 336(3), 340(2), 316(2), 61(2), 115(2), 352 and 351(3) of BNS at Police Station Bisrikh, District Gautam Buddh Nagar, lodged by respondent No. 3 Rohit Sharma. Petitioners contended the FIR was an abuse of the process of law because the agreement dated 29.02.2024 between petitioner No. 1 and respondent No. 3 concerning Flat No. 1005, 10th Floor, Tower-A-5, Greater Noida contains an arbitration clause (Clause 8). The learned A.G.A. opposed, submitting that a prima facie cognizable offence was made out and no interference was warranted. The Court opined that the matter requires consideration, issued notice to respondent No. 3, directed counter affidavits within four weeks and rejoinders within two weeks thereafter, listed the petition for admission on 18.02.2026, and, as an interim measure, directed that till the next date of listing the petitioners shall not be arrested pursuant to the FIR.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 27283 of 2025

Anil Kumar Upadhyay And Another

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Rahul Sharma	Kumar	Sharma, Vipul Babu
Counsel for Respondent(s)	: G.A.
Court No.- 47

HON'BLE RAJEEV MISRA, J. HON'BLE LAKSHMI KANT SHUKLA, J.

Heard Mr. Rahul Kumar Sharma, the learned counsel for petitioners, the learned A.G.A. for State respondents 1 and 2.

2. Perused the record.

Petitioner Anil Kumar Upadhyay and another have approached this court by means of present Criminal Misc. Writ Petition challenging the FIR dated 21.09.2025 lodged by respondent No. 3 Rohit Sharma and registered as Case Crime No. 0739 of 2025, under Sections 318(4), 338, 336(3), 340(2), 316(2), 61(2), 115(2), 352, 351(3) of BNS. Police Station Bisrikh, District Gautam Buddh Nagar.

Learned counsel for petitioners submits that there was an agreement between petitioner 1 and respondent 3 on 29.02.2024 with regard to Flat No. 1005, 10th Floor in Tower-A-5, situate in Plot No. GH-01A, Sector 16, Greater Noida, Gautam Buddh Nagar (Copy of same has been annexed as Annexure -2 to the writ petition). Clause 8 of the aforesaid agreement conditions is an arbitration clause. He, therefore, submits that in view of above, the present FIR is therefore nothing but an abuse of the process of the law, therefore, the same is liable to be quashed by this court.

Per contra , the learned A.G.A. representing State respondents 1 and 2 has vehemently opposed the present writ petition. He submits that since

CRLP No. 27283 of 2025

2

prima facie a cognizable offence is made out against petitioners as per the impugned FIR, therefore, no interference is warranted by this court.

Having heard learned counsel for the petitioners, learned A.G.A. for State and upon perusal of the record, we are of the opinion that mater requires consideration.

Notice on behalf of respondents 1 and 2 has been accepted by the learned A.G.A.

Issue notice to respondent no. 3. Steps for service upon respondent 3 be taken within the time period provided under the Rules of the Court.

All the opposite parties will file their respective counter affidavits within four weeks. Petitioners will have two weeks thereafter to file their rejoinder affidavits.

List this writ petition for admission on 18.02.2026.

Considering the facts and circumstances of the case and also the submissions urged on behalf of the learned counsel for petitioners in support of present writ petition as noted herein above as an interim measure it is hereby provided that till the next date of listing, petitioners shall not be arrested pursuant to the FIR dated 21.09.2025 lodged by respondent No. 3 are registered as Case Crime No. 0739 of 2025, under Sections 318(4), 338, 336(3), 340(2), 316(2), 61(2), 115(2), 352, 351(3) of BNS. Police Station Bisrikh, District Gautam Buddh Nagar.

(Lakshmi Kant Shukla,J.) (Rajeev Misra,J.)

January 7, 2026 RPD

Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad