Neeraj vs State of U.P. and 3 Others — Cheating and Forgery | Allahabad HC (2026)

Neeraj vs State of U.P. and 3 Others — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim protection: petitioner not to be arrested till the next date of listing (10.04.2026 at 2.00 p.m.) in connection with Case Crime No. 0132 of 2025; Superintendent of Police, Hapur directed to file affidavit with case diary material on whether the petitioner is wanted; order to be communicated through the Chief Judicial Magistrate, Hapur within 48 hours. Writ petition kept pending, not finally decided.

Issue for consideration

Whether the petitioner Neeraj, son of Veerchand, is wanted in Case Crime No. 0132 of 2025 under Sections 318(4), 316(2) and 351(2) BNS, Police Station Hapur Nagar, District Hapur, or whether the police are pursuing him on the basis of a mistaken identity.

Court's answer

The Superintendent of Police, Hapur is directed to file his own affidavit indicating whether the petitioner Neeraj, son of Veerchand, is wanted in Case Crime No. 0132 of 2025 and, if so, to annex material from the case diary showing that Neeraj son of Veerchand is indeed wanted; the affidavit is to be filed on or before the next date.

Ratio / Principle

As an interim measure, till the next date of listing (10.04.2026), the petitioner shall not be arrested in connection with Case Crime No. 0132 of 2025, under Sections 318(4), 316(2) and 351(2) BNS, Police Station Hapur Nagar, District Hapur.

Key takeaways

The order is to be communicated to the Superintendent of Police, Hapur and the Station House Officer, Police Station Hapur Nagar, District Hapur through the learned Chief Judicial Magistrate, Hapur by the Registrar (Compliance) within 48 hours.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (J.J. Munir and Tarun Saxena, JJ.), interim order dated March 26, 2026 in Criminal Misc. Writ Petition No. 5209 of 2026 (Neeraj v. State of U.P. and 3 others). The impugned FIR (Case Crime No. 0132 of 2025, Police Station Hapur Nagar, District Hapur) under Sections 318(4), 316(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 describes the petitioner as 'Reenu ka pati Neeraj'. The petitioner states he is Neeraj son of Veerchand, whose wife is Ruvi, that he is not Reenu's husband (Reenu's husband being Aman), and that the police are after him on the basis of a mistaken identity. The Court directed the Superintendent of Police, Hapur to file his own affidavit, with case diary material annexed, showing that Neeraj son of Veerchand is indeed wanted, and ordered that till the next date (10.04.2026) the petitioner shall not be arrested in the said case; the order was to be conveyed through the Chief Judicial Magistrate, Hapur within 48 hours.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 5209 of 2026

Neeraj

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s) : Ajay Kumar Dwivedi, Birendra Kumar, Vijay Kumar Counsel for Respondent(s) : G.A.

Court No. - 47

HON'BLE J.J. MUNIR, J. HON'BLE TARUN SAXENA, J.

The impugned First Information Report has been registered for offences punishable under Sections 318(4), 316(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 against six named offenders, of whom, the petitioner has been described as " Reenu ka pati Neeraj ". The petitioner says that he is, no doubt, Neeraj son of Veerchand, but he is not Reenu's husband. The petitioner's wife is Ruvi. The name of Reenu's husband is Aman.

The submission of learned Counsel for the petitioner is that the petitioner has nothing to do with the crime but the Police are after him on the basis of a mistaken identity.

Let the Superintendent of Police, Hapur file his own affidavit indicating if the petitioner Neeraj, son of Veerchand, is wanted in Case Crime No. 0132 of 2025, under Sections 318(4), 316(2) and 351(2) BNS, Police Station- Hapur Nagar, District- Hapur and, if so, annex with his affidavit material from the case diary to show that Neeraj, son of Veerchand, is indeed wanted. The said affidavit shall be filed on or before the next date scheduled.

List on 10.04.2026 at 2.00 p.m.

CRLP No. 5209 of 2026 2

Till the next date of listing, the petitioner, Neeraj , shall not be arrested in connection with Case Crime No. 0132 of 2025, under Sections 318(4), 316(2) and 351(2) BNS, Police Station- Hapur Nagar, District- Hapur.

Let this order be communicated to the Superintendent of Police, Hapur and the Station House Officer, Police Station- Hapur Nagar, DistrictHapur through the learned Chief Judicial Magistrate, Hapur by the Registrar (Compliance) within 48 hours.

(Tarun Saxena,J.) (J.J. Munir,J.)

March 26, 2026 Prashant D.

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