Ramesh Mishra Anr v. State of U.P. Ors.) and as such the

1. Heard Shri Mithilesh Kumar Shukla, learned counsel for the petitioners; Shri Rajeev Sawhney, learned counsel for the informant and Shri G.P. Singh, learned AGA-1 for the State respondents.

2. The instant writ petition has been preferred for quashing the FIR dated 30.03.2023 being Case Crime No.0095 of 2023 under Section 471, 468, 467, 420 IPC, P.S. Barra, Distt. Kanpur Nagar and for a direction to respondents not to arrest the petitioners pursuant to impugned FIR.

3. On the matter being taken up yesterday, learned counsel for the petitioners has submitted that the co-accused have been accorded interim protection by the Coordinate Bench vide order dated 18.03.2025 in Criminal Misc. Writ Petition No.5000 of 2025 (Ramesh Mishra & Anr. v. State of U.P. & Ors.) and as such the petitioners being on similar footing are also entitled for similar indulgence. Since the copy of the said interim order was not available with learned counsel for the petitioners, the instant matter was adjourned and has been posted for today.

4. Today, learned counsel for the petitioners has produced the copy of the interim order dated 18.03.2025, which for ready reference is reproduced as under:- "1. Heard Sri Mithilesh Kumar Shukla, learned counsel for the petitioners and learned A.G.A. appearing for the State-respondents.

2. This writ petition has been filed with the prayer to quash the First Information Report dated 30.3.2023, registered as Case Crime no. 95 of 2023, under Sections 471, 468, 467, 420 IPC, P.S. Barra, District Kanpur Nagar. Further prayer has been made not to arrest the petitioner in the aforesaid case.

3. At the very outset, by drawing attention to the order dated 21.7.2023 passed by a co-ordinate Bench of this Court in Crl. Misc. Writ Petition No. 11321 of 2023, Smt. Sushma Dixit and others, it is submitted that this Court has already granted indulgence to the co-accused. The said order is quoted as under:- "Sri Ashish Kumar Srivastava, learned Counsel has filed his Vakalatnama on behalf of the respondent no. 3 in the Court today. The same is taken on record. Heard learned counsel for the petitioner, learned counsel for the first informant and learned AGA for the State. The writ petition seeks quashing of the F.I.R. dated 30.03.2023 giving rise to Case Crime No.95 of 2023, under Section 420, 467, 468, 471 I.P.C., Police Station- Barra, District- Kanpur Nagar. The contention of learned counsel for the petitioners is that the first information report alleges fraud, forgery and interpolation in the service records of deceased husband of the petitioner no. 1. It is also contended that the parties are litigating before the Civil Court in this regard. The dispute, therefore, is one which can only be resolved finally and adequately by the Civil Court. Matter requires consideration. Learned counsel appearing for the first informant may file counter affidavit within two weeks. Rejoinder affidavit, if any, may be filed one week thereafter. List thereafter. Till the next date of listing, the petitioners may not be arrested consequent to the impugned F.I.R. dated 30.03.2023 giving rise to Case Crime No.95 of 2023, under Section 420, 467, 468, 471 I.P.C., Police Station- Barra, District- Kanpur Nagar. This protection shall be available either till the next listing or till submission of police report under Section 173(2) Cr.P.C., whichever is earlier. It is also provided that the petitioners shall fully cooperate in the investigation, failing which they shall not be entitled to the benefit of this order."

4. Learned A. G. A. has no objection.

5. All the respondents may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

6. Connect and list this writ petition with Crl. Misc. Writ Petition No. 11321 of 2023, Smt. Sushma Dixit and others.

7. In the present case also, interim protection is extended on the same terms.

8. List this case on the dated fixed in the connected matter."

5. The relief has been resisted by learned counsel for the informant on the ground that the aforequoted interim order dated 18.03.2025 was passed by the Coordinate Bench relying on the interim order dated 21.7.2023 in Criminal Misc. Writ Petition No.11321 of 2023, which has been filed by other co-accused. It is contended that against the petitioners in Criminal Misc. Writ Petition No.11321 of 2023 viz. Smt. Sushma Dixit and others, the chargesheet has been submitted. The same has been challenged in Application U/S 482 No.17234 of 2024 (Smt. Sushma Dixit & Ors. v. State of U.P. & Anr.) but the said application was dismissed on 05.11.2024 with following observations:- "Sri Shailendra Kumar Ojha, learned counsel for the applicants and learned A.G.A. for the State are present. The present application u/s 482 Cr.P.C. has been filed with prayer to quash the entire proceedings of Criminal Case No. 28727 of 2024 (State v. Sushma Dixit and others), arising out of Case Crime No. 95 of 2023, under Sections 420, 467, 468, 471, 120-B of IPC, P.S. Barra, District Kanpur Nagar, as well as cognizance/summoning order dated 17.03.2024, pending in the Court of Chief Metropolitan Magistrate, Kanpur Nagar. After some arguments, learned counsel for the applicants does not want to press the present application. In view of above, the present application u/s 482 Cr.P.C. is dismissed as not pressed with liberty to file appropriate application/proceedings before the court of competent jurisdiction. Certified copies of the relevant documents be returned to learned counsel for the applicants after retaining a photocopy of the same."

6. It is alleged that inspite of having knowledge that against Smt. Sushma Dixit and others chargesheet has been submitted, the interim order dated 18.03.2025 has been obtained by concealing the material fact and now again on the basis of same interim order, learned counsel for the petitioners is trying to get interim order in the instant writ petition also. As such it is submitted that the instant writ petition is liable to be dismissed with exemplary cost.

7. We have proceeded to examine the record in question and find that once chargesheet has been submitted against Smt. Sushma Dixit and others and the same was well within the knowledge of the petitioners, the interim order dated 18.03.2025 has been obtained with concealment of material fact. Even though it is informed that investigation against the petitioners in Criminal Misc. Writ Petition No.5000 of 2025 viz. Ramesh Mishra & Anr. as well as the petitioners in the instant writ petition is going on, but this cannot absolve the petitioners to get any equity in their favour.

8. Considering the facts and circumstances of the case, we find that cognizable offence is made out against the petitioners and more so it is also crystal clear that the petitioners in the instant writ petition have not come up before this Court with clean hands and as such we are not inclined to exercise our discretionary jurisdiction in their favour.

9. In view of above, the writ petition sans merit and is accordingly dismissed. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 20.3.2025 SP/ SURYA PRAKASH High Court of Judicature at Allahabad

1. Heard Shri Mithilesh Kumar Shukla, learned counsel for the petitioners; Shri Rajeev Sawhney, learned counsel for the informant and Shri G.P. Singh, learned AGA-1 for the State respondents.

2. The instant writ petition has been preferred for quashing the FIR dated 30.03.2023 being Case Crime No.0095 of 2023 under Section 471, 468, 467, 420 IPC, P.S. Barra, Distt. Kanpur Nagar and for a direction to respondents not to arrest the petitioners pursuant to impugned FIR.

3. On the matter being taken up yesterday, learned counsel for the petitioners has submitted that the co-accused have been accorded interim protection by the Coordinate Bench vide order dated 18.03.2025 in Criminal Misc. Writ Petition No.5000 of 2025 (Ramesh Mishra & Anr. v. State of U.P. & Ors.) and as such the petitioners being on similar footing are also entitled for similar indulgence. Since the copy of the said interim order was not available with learned counsel for the petitioners, the instant matter was adjourned and has been posted for today.

4. Today, learned counsel for the petitioners has produced the copy of the interim order dated 18.03.2025, which for ready reference is reproduced as under:- "1. Heard Sri Mithilesh Kumar Shukla, learned counsel for the petitioners and learned A.G.A. appearing for the State-respondents.

2. This writ petition has been filed with the prayer to quash the First Information Report dated 30.3.2023, registered as Case Crime no. 95 of 2023, under Sections 471, 468, 467, 420 IPC, P.S. Barra, District Kanpur Nagar. Further prayer has been made not to arrest the petitioner in the aforesaid case.

3. At the very outset, by drawing attention to the order dated 21.7.2023 passed by a co-ordinate Bench of this Court in Crl. Misc. Writ Petition No. 11321 of 2023, Smt. Sushma Dixit and others, it is submitted that this Court has already granted indulgence to the co-accused. The said order is quoted as under:- "Sri Ashish Kumar Srivastava, learned Counsel has filed his Vakalatnama on behalf of the respondent no. 3 in the Court today. The same is taken on record. Heard learned counsel for the petitioner, learned counsel for the first informant and learned AGA for the State. The writ petition seeks quashing of the F.I.R. dated 30.03.2023 giving rise to Case Crime No.95 of 2023, under Section 420, 467, 468, 471 I.P.C., Police Station- Barra, District- Kanpur Nagar. The contention of learned counsel for the petitioners is that the first information report alleges fraud, forgery and interpolation in the service records of deceased husband of the petitioner no. 1. It is also contended that the parties are litigating before the Civil Court in this regard. The dispute, therefore, is one which can only be resolved finally and adequately by the Civil Court. Matter requires consideration. Learned counsel appearing for the first informant may file counter affidavit within two weeks. Rejoinder affidavit, if any, may be filed one week thereafter. List thereafter. Till the next date of listing, the petitioners may not be arrested consequent to the impugned F.I.R. dated 30.03.2023 giving rise to Case Crime No.95 of 2023, under Section 420, 467, 468, 471 I.P.C., Police Station- Barra, District- Kanpur Nagar. This protection shall be available either till the next listing or till submission of police report under Section 173(2) Cr.P.C., whichever is earlier. It is also provided that the petitioners shall fully cooperate in the investigation, failing which they shall not be entitled to the benefit of this order."

4. Learned A. G. A. has no objection.

5. All the respondents may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

6. Connect and list this writ petition with Crl. Misc. Writ Petition No. 11321 of 2023, Smt. Sushma Dixit and others.

7. In the present case also, interim protection is extended on the same terms.

8. List this case on the dated fixed in the connected matter."

5. The relief has been resisted by learned counsel for the informant on the ground that the aforequoted interim order dated 18.03.2025 was passed by the Coordinate Bench relying on the interim order dated 21.7.2023 in Criminal Misc. Writ Petition No.11321 of 2023, which has been filed by other co-accused. It is contended that against the petitioners in Criminal Misc. Writ Petition No.11321 of 2023 viz. Smt. Sushma Dixit and others, the chargesheet has been submitted. The same has been challenged in Application U/S 482 No.17234 of 2024 (Smt. Sushma Dixit & Ors. v. State of U.P. & Anr.) but the said application was dismissed on 05.11.2024 with following observations:- "Sri Shailendra Kumar Ojha, learned counsel for the applicants and learned A.G.A. for the State are present. The present application u/s 482 Cr.P.C. has been filed with prayer to quash the entire proceedings of Criminal Case No. 28727 of 2024 (State v. Sushma Dixit and others), arising out of Case Crime No. 95 of 2023, under Sections 420, 467, 468, 471, 120-B of IPC, P.S. Barra, District Kanpur Nagar, as well as cognizance/summoning order dated 17.03.2024, pending in the Court of Chief Metropolitan Magistrate, Kanpur Nagar. After some arguments, learned counsel for the applicants does not want to press the present application. In view of above, the present application u/s 482 Cr.P.C. is dismissed as not pressed with liberty to file appropriate application/proceedings before the court of competent jurisdiction. Certified copies of the relevant documents be returned to learned counsel for the applicants after retaining a photocopy of the same."

6. It is alleged that inspite of having knowledge that against Smt. Sushma Dixit and others chargesheet has been submitted, the interim order dated 18.03.2025 has been obtained by concealing the material fact and now again on the basis of same interim order, learned counsel for the petitioners is trying to get interim order in the instant writ petition also. As such it is submitted that the instant writ petition is liable to be dismissed with exemplary cost.

7. We have proceeded to examine the record in question and find that once chargesheet has been submitted against Smt. Sushma Dixit and others and the same was well within the knowledge of the petitioners, the interim order dated 18.03.2025 has been obtained with concealment of material fact. Even though it is informed that investigation against the petitioners in Criminal Misc. Writ Petition No.5000 of 2025 viz. Ramesh Mishra & Anr. as well as the petitioners in the instant writ petition is going on, but this cannot absolve the petitioners to get any equity in their favour.

8. Considering the facts and circumstances of the case, we find that cognizable offence is made out against the petitioners and more so it is also crystal clear that the petitioners in the instant writ petition have not come up before this Court with clean hands and as such we are not inclined to exercise our discretionary jurisdiction in their favour.

9. In view of above, the writ petition sans merit and is accordingly dismissed. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 20.3.2025 SP/ SURYA PRAKASH High Court of Judicature at Allahabad