Court No.

- 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 3620 of

2024

Petitioner :- Kuldeep Saxena And Another

Respondent :- State Of Up And 2 Others
Counsel for Petitioner :- Ravi Anand Agarwal,Shreya Gupta
Counsel for Respondent :- G.A.,Ram Janam Shahi

Hon'ble Siddhartha Varma,J.

Hon'ble Ram Manohar Narayan Mishra,J.
1. List has been revised. Even though learned counsel for the
petitioners is present, no one has appeared on behalf of the
first informant.

2. This writ petition has been filed for quashing of the First
Information Report dated 10.2.2024 giving rise to Case Crime
No.63 of 2024 under sections 406, 420, 467, 468, 471, 504 &
506 of Indian Penal Code, Police Station Sirsaganj, District
Firozabad. The petitioners have also prayed that they be not
arrested in pursuance of the impugned FIR.

3. Contention of learned counsel for the petitioners is that

when the first informant in the instant case had, by using the
digital signature of the petitioner no.1, got transferred certain
shares in his name, the petitioners had lodged a First
Information Report on 9.2.2024. The petitioners herein now
argues that the first informant has thereafter lodged a First
Information Report as a counter-blast saying that the earlier
FIR was wrongly lodged as the petitioners had in fact sold the
shares and got the sale proceeds.

4. Learned counsel for the petitioners may file a

 supplementary affidavit indicating the price of shares when
the transfer took place.

5. Place this case on 16.4.2024 as fresh before the appropriate

Court.

6. Since it has been informed by learned counsel for the

petitioners that petitioner no.1 has already been arrested, no
coercive action shall be taken against the petitioner no.2 till
the next date of listing, as we prima-facie find that the
impugned FIR is a counter-blast FIR and also we are prima-
facie satisfied that a commercial transaction had been given
the colour of criminality.

Order Date :- 21.3.2024

GS

(R.M.N. Mishra, J.) (Siddhartha Varma, J.)

Digitally signed by :-
GAUTAM SONI
High Court of Judicature at Allahabad