Allahabad High Court
VIPIN URF VIPIN KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court ordered that the petitioner shall not be arrested pending the submission of the police report, but did not quash the FIR.
Summary
The petitioner, Vipin Kumar, filed a criminal miscellaneous writ petition challenging an FIR dated 3 July 2026 registered under multiple IPC offences (Sections 419, 420, 467, 468, 471, 323, 504, 506) at Kalan Police Station, Shahjahanpur. He contended that the dispute was civil in nature and that no offence was made out, seeking quash of the FIR. The State, represented by the Advocate General, opposed the petition. The Court held that while the FIR would not be quashed, the petitioner should not be arrested pending the submission of the police investigation report under Section 173(2) of the CrPC/Section 193(3) B.N.S.S., provided he cooperates. Accordingly, the writ petition was disposed with the said direction.
Issues considered
- Whether the FIR dated 3 July 2026 can be quashed on the ground that the dispute is civil and no offence is made out.
- Whether the petitioner is entitled to a stay on arrest pending the police investigation report under Section 173(2) CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 173, 193
- Indian Penal Code — s. 323, 419, 420, 467, 468, 471, 504, 506
Subjects
- criminal procedure
- FIR
- quash
- arrest
- investigation report
- Section 173 CrPC
- Section 193 CrPC
- civil dispute
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 20265 of 2026
Vipin Urf Vipin Kumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Chandra Bhan Kushwaha
Counsel for Respondent(s) : G.A.
Court No. - 45
HON'BLE SALIL KUMAR RAI, J.
HON'BLE PADAM NARAIN MISHRA, J.
Heard the counsel for the petitioner and the A.G.A. for the State.
The present petition has been filed challenging the First Information Report
dated 3.7.2026 in Case Crime No. 0210 of 2026 under Sections 419, 420,
467, 468, 471, 323, 504, 506 I.P.C., Police Station Kalan, District
Shahjahanpur.
It has been argued by the counsel for the petitioner that the dispute as raised
in the writ petition is civil in nature. It has been further argued that no
offence is made out against the petitioner on the recitals made in the first
information report, therefore, the first information report is liable to be
quashed.
The A.G.A. has opposed the writ petition.
In the circumstances, we consider it appropriate and in the interest of justice
to dispose of the writ petition with the direction that the petitioner shall not
be arrested in pursuance to the first information report dated 3.7.2026 in
Case Crime No. 0210 of 2026 under Sections 419, 420, 467, 468, 471, 323,
504, 506 I.P.C., Police Station Kalan, District Shahjahanpur till submission
of police report under Section 173(2) Cr.P.C./193(3) B.N.S.S. provided the
petitioner cooperates in the investigation.
With the aforesaid direction, the writ petition is disposed of.
September 18, 2026
Satyam
(Padam Narain Mishra,J.) (Salil Kumar Rai,J.)
Digitally signed by :-
SATYAM AGRAHARI
High Court of Judicature at Allahabad
Checking your session…