MANOJ KUMAR GAUR AND 5 OTHERSversusSTATE OF UP AND 4 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
            MATTERS UNDER ARTICLE 227 No. - 13361 of 2026

Manoj Kumar Gaur And 5 Others
                                                           .....Petitioner(s)
                                   Versus

State Of Up And 4 Others
                                                         .....Respondent(s)

Counsel for Petitioner(s)               :   Kriti Gupta, Rohan Gupta
Counsel for Respondent(s)               :   G.A.

Court No. - 55
                 HON'BLE VIKRAM D. CHAUHAN, J.

1. Heard learned counsel for the petitioners and learned A.G.A. for the
State.

2. The petition is filed with the following prayers:-

"a) To issue a writ, order or direction in the nature of certiorari or any
other appropriate writ, order or direction, quashing/setting aside the
impugned order dated 17.09.2026 passed by the learned Additional Chief
Judicial Magistrate, Court No. 4, Ghaziabad, in Case No. 533 of 2026,
M/s Crossings Infrastructure Pvt. Ltd. through Vijay Kumar Sharma Vs.
Manoj Kumar Gaur and others, under Section 173(4) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (Annexure No. 1A to this petition).

b) To issue a writ, order or direction restraining Respondent No. 3 from
registering any First Information Report against the Petitioners and/or
from taking any coercive action whatsoever against the Petitioners in
pursuance of the impugned order dated 17.09.2026."

3. Learned counsel for the petitioners submits that present petition was
filed on the basis of an urgency mentioned before Hon'ble the Chief
Justice which was allowed and the matter was placed before this Court
today. When the matter was taken up today at 12:00 noon, this Court
inquired from learned A.G.A. for the State whether First Information
Report has been lodged in pursuance to the order of the court concerned,
learned A.G.A. for the State sought time upto 2:00 p.m. to apprise the
Court in this respect. When the matter was taken up after recess at 2:00
                                                                                            A227 No. 13361 of 2026
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                                    p.m., learned A.G.A. for the State has informed that First Information
                                    Report has been lodged. Learned A.G.A. for the State fairly conceded that
                                    First Information Report has been lodged today at 1:30 p.m. after the
                                    query has been made from the concerned police station.

                                    4. It is to be seen that in the present case impugned order is 17.9.2026 and
                                    direction was issued for lodging of First Information Report within two
                                    days. However, it has not been disclosed before this Court as to why the
                                    order was not immediately complied with by the S.H.O. concerned. The
                                    S.H.O. concerned has lodged the First Information Report only after
                                    A.G.A. enquired the police station concerned that whether First
                                    Information Report has been lodged or not. Such conduct of the police is
                                    not appreciated by this Court. The primary purpose is to defeat the right
                                    of the petitioner to approach this Court. This is not at all acceptable.

                                    5. Be that as it may, since the First Information Report has been lodged in
                                    pursuance to the impugned order dated 17.9.2026, this Court leave it open
                                    for the petitioners to challenge the First Information Report before the
                                    Division Bench of this Court in accordance with law and for the aforesaid
                                    purpose, for a period of thirty days from today, the petitioners shall not be
                                    arrested.

                                    6. With the aforesaid observation/direction, the petition is disposed of.



                                                                                      (Vikram D. Chauhan,J.)
                                    September 21, 2026
                                    VMA




Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad