The Allahabad High Court stayed the arrest of Smt Fahmeeda, sister of mafia Mukhtar Ansari accused of cheating.
The Division Bench of Justice Vivek Kumar Birla and Justice Vinod Diwakar passed this order while hearing a petition filed by Smt Fahmeeda.
The petition has been preferred with the prayer to quash the First Information Report dated 11.8.2023 registered as Case under Sections 420, 467, 468, 120B, P.S Mohammadabad, District Ghazipur, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
Counsel for the petitioner submitted that other co-accused persons have already been granted indulgence by a co-ordinate Bench of the Court vide order dated 20.9.2023 passed in Criminal Misc Writ Petition (Shamim Ahmad vs State of UP and others) and therefore, the petitioners herein are also entitled for the same interim protection.
The Court noted that,
The said order dated 20.9.2023 passed in Criminal Misc Writ Petition No 13943 of 2023 (Shamim Ahmad vs State of UP and others) is quoted as under:-
“Heard counsel for the petitioner and AGA for the State.
The writ petition seeks quashing of the F.I.R dated 11.08.2023 giving rise to Case under Sections 420, 467, 468, 120-B I.P.C, Police StationMohammadabad, District- Ghazipur.
The contention of the counsel for the petitioner is that the allegations in the FIR are primarily against the Executive Officer and the clerk, responsible for maintenance of the tax assessment register wherein some fraudulent entries are alleged. No specific role has been assigned to the petitioner nor was he as Chairman of the Nagarpalika Parishad, Mau, responsible for entries in the tax assessment register.
The FIR is also without allegation as to the time frame during which this alleged fraudulent entry was made. The petitioner was Chairman from 01.12.2000- 11.01.2006.
Matter requires consideration.
Issue notice to the first informant, respondent no. 4, returnable within three weeks.
List this petition for admission/final disposal after the aforesaid respondent has been served.
Till the next date of listing, the petitioner may not be arrested consequent to the impugned F.I.R dated 11.08.2023 giving rise to Case under Sections 420, 467, 468, 120-B I.P.C, Police Station- Mohammadabad, District Ghazipur.
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 petitioner shall fully cooperate in the investigation, failing which they shall not be entitled to the benefit of the order.”
“Connect with Criminal Misc Writ Petition No 13943 of 2023 (Shamim Ahmad vs State of UP and 3 others). List this case on the date fixed in the connected matter.
Till the next date of listing or till submission of police report under Section 173 (2) CrPC, whichever is earlier, the petitioner herein shall not be arrested in pursuance of the impugned First Information Report dated 11.8.2023 registered as Case under Sections 420, 467, 468, 120B, P.S Mohammadabad, District Ghazipur, provided the petitioners cooperate in the investigation”, the Court ordered.
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