Vivek Prajapati & Anr. v. State Of U.P. Thru. Prin. Secy. Home Civil Secrt

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Heard learned counsel for the petitioners, learned A.G.A. who appears on behalf of the State Respondents and Sri Bhanu Pratap Singh, Advocate who has filed vakalatnama on behalf of opposite party no. 3/informant, which is taken on record.

This petition has been filed with the following main prayers:- "[I] Issue a writ, order or direction in the nature of Certiorari thereby quash the impugned First Information Report dated 05.02.2024 lodged by the opposite party no. 3/complainant against the petitioners as F.I.R. No. 0029/2024, Under Sections- 384 & 386 I.P.C. at Police Station-Korwali Nagar, District-Bahraich, as contained in Annexure No. 1 to the writ petition. [II] Issue a writ, order or direction in the nature of Mandamus commanding and directing to the opposite parties not to arrest the petitioners in pursuance of the impugned First Information Report dated 05.02.2024 lodged by the opposite party no. 3/complainant against the petitioners as F.I.R. No. 0029/2024, Under Sections-384 & 386 I.P.C. at Police Station-Korwali Nagar, District-Bahraich, contained in Annexure No. 1 to the writ petition. "

It has been submitted by the learned counsel for the petitioners that the petitioners have given Rs. 13,00,000/- through their accounts the opposite party no.3/informant and when they demanded his money back, the impugned F.I.R. has been lodged making false allegations.

Learned counsel for the petitioners has placed reliance upon page 26 to page 46 of the paper book which relate to money allegedly having been transferred from the 2 CRLP No. 1034 of 2024 petitioners accounts to the opposite party no.3's account.

Learned counsel for the opposite party no.3 shall be served a copy of the writ petition today itself by the learned counsel for the petitioner.

Learned counsel for the opposite party no.3 shall file his short counter affidavit with regard to the allegations made.

List this case in the next week as fresh.

Whenever the case is next listed, the name of Sri Bhanu Pratap Singh, Advocate, who appearing on behalf of the opposite party no.3, be shown in the cause list.

Till the next date of listing or till submission of police report under Section 173 (2) Cr.P.C., if any, before the competent Court, whichever is earlier, the arrest of the petitioners in pursuance of the impugned F.I.R. shall remain stayed, of course subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation. "

2. Learned AGA, on the basis of instructions, submits that the charge sheet in the matter has been filed on 15.04.2024, therefore, this petition has lost it's efficacy, which could not be disputed by learned counsel for the petitioner. However, he submits that the petition may be dismissed as not pressed with liberty to avail the appropriate remedy as may be available under law, in case the same has not been availed.

3. Dismissed accordingly as not pressed with liberty as aforesaid. October 31, 2025 Akanksha Sri/- (Zafeer Ahmad,J.) (Rajnish Kumar,J.)