Ankish Tripathi v. State Of U.P. And 3 Others

Heard Sri Syed Ali Murtaza and Sri Raza Abbas, learned counsel for the petitioners, Sri P.K. Malviya, learned A.G.A. for the State-respondents and Sri S.K. Tripathi, learned counsel for respondent no.4.

The relief sought in this petition is for quashing of F.I.R. dated 03.01.2025 registered as Case Crime No.08 of 2025, under Sections 191(2), 318(4), 338, 336(3), 340(2), 329(3), 351(2), 351(3) B.N.S. 2023, P.S. Baradari, District-Bareilly. Further prayer has been made not to arrest the petitioner in the aforesaid case.

Learned counsel for the petitioner vehemently contended that the petitioner has not committed any offence as alleged in the FIR. He submitted that the dispute between the parties is purely of civil nature. Both the parties are claiming right over the property in dispute. He next contended that once the informant tried to interfere in peaceful possession of the petitioner over the property in dispute, the petitioner instituted a suit for injunction wherein he was accorded interim injunction by the court below. He submitted that when the said injunction order was flouted by the informant/respondent no.4, the petitioner has moved an application under Section 151 C.P.C. wherein the court below has issued direction to the concerned S.H.O. to take remedial measures in that regard. He further submitted that even though the informant/respondent no.4 has already filed written statement in the suit proceedings, in most arbitrary manner he has lodged the impugned FIR against the petitioner, which is gross abuse of process of law. He further contended that in the similar facts, this Court has already accorded interim relief to the petitioners therein vide order dated 20.02.2025 passed in Crl. Misc. Writ Petition No.- 1687 of 2025 (Ankish Tripathi and others vs. State of U.P. and others).

Learned counsel for the informant/respondent no.4 as well as learned A.G.A. have vehemently opposed the writ petition and stated that cognizable offence is made out agains the petitioner and no interference is required by this Court.

The matter requires consideration.

All the respondents may file counter affidavit within six weeks. Petitioner will have two weeks thereafter to file rejoinder affidavit.

List thereafter.

Till the next date of listing, or till submission of the police report under Section 173(2) Cr.P.C. (now Section 193(3) of Bhartiya Nagrika Suraksha Sanhita, 2023), whichever is earlier, the respondents are restrained from arresting the petitioner pursuant to the impugned F.I.R. subject to his co-operation in the ongoing investigation. Order Date :- 27.2.2025 Manish Himwan