Allahabad High Court
UMAR FAROOKversusSTATE OF UP AND 2 OTHERS
- Decided
- Disposal
- Disposed off/Decided on merits
Holding
The court restrained the respondents from arresting the petitioner pending further hearing.
Summary
Petitioner Umar Farook filed a criminal miscellaneous writ petition seeking to quash an FIR dated 30.05.2025 that alleged offences under Sections 318(4), 338, 336(3) and 340(2) of the B.N.S. He contended that his firm had previously been black‑listed and the FIR was lodged again after a year and four months on the same allegations. The High Court heard counsel for both sides and issued an interim order restraining the respondents from arresting the petitioner until the next listing date or until the court takes cognizance of the police report, subject to his cooperation in the investigation. No final decision on the merits of the petition was made. The order also directed procedural steps for filing counter‑affidavits and rejoinders.
Issues considered
- Whether the FIR dated 30.05.2025 should be quashed on the ground of being frivolous or mala fide.
- Whether the petitioner can be arrested under the provisions of the B.N.S. pending further investigation.
Legislation cited
- B.N.S. — s. 318(4), 336(3), 338, 340(2)
Subjects
- criminal procedure
- FIR
- writ petition
- interim relief
- arrest restraint
- quash FIR
Judgment
Neutral Citation No. - 2025:AHC:128730-DB
Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 15944 of
2025
Petitioner :- Umar Farook
Respondent :- State Of Up And 2 Others
Counsel for Petitioner :- Ashok Kumar Singh Bais
Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
Hon'ble Avnish Saxena,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for
the State.
2. This writ petition has been filed with the prayer to quash the
First Information Report dated 30.05.2025, registered as Case
Crime No.161 of 2025, under Sections 318(4), 338, 336(3) and
340(2) of B.N.S., Police Station-Qutubsher, District-Saharanpur.
3. Learned counsel for the petitioner submits that earlier
petitioner's firm was blacklisted and now the F.I.R. has been
lodged against petitioner on the same allegations after one year
and four months.
4. Matter requires consideration.
5. Issue notice to respondent no.3.
6. Steps be taken within a week.
7. All the respondents may file counter affidavit within four weeks.
Petitioners may file rejoinder affidavit within two weeks thereafter.
8. List thereafter.
9. Till the next date of listing or till cognizance is taken by court on
police report, whichever is earlier, the respondents are restrained
from arresting the petitioner pursuant to the aforesaid First
Information Report subject to his cooperation in ongoing
investigation.
Order Date :- 1.8.2025
MN/-
(Avnish Saxena,J.) (Siddharth,J.)
Digitally signed by :-
MAHENDRA NATH
High Court of Judicature at Allahabad
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