The Allahabad High Court has stayed the arrest of two Agra-based advocates in a cheating and conspiracy case till the next hearing or the submission of the police report.
The Division Bench of Justice Ramesh Sinha and Justice Rajiv Gupta passed this order while hearing a petition filed by Kusum Lata Sharma and Anohter.
The petition has been filed by the petitioners Kusum Lata Sharma and Gaurav Sharma with a prayer to issue a writ, order or direction in the nature of certiorari to quash the impugned FIR dated 15.12.2022 lodged by complainant/respondent no 4 registered as FIR under Sections 420, 467, 468, 471, 120-B IPC, Police Station Shahganj, District Agra with a further prayer to issue a writ, order or direction in the nature of mandamus commanding the respondents to not to arrest the petitioners in pursuance of the impugned FIR.
It has been argued by counsel for the petitioners that the petitioners are practising lawyers and respondent no 4 has maliciously lodged the first information report against them regarding enrolments as lawyers.
It is further argued that if the advocates fraudulently got themselves enrolled it should have been placed before Bar Council of India and suitable action would have been taken by the disciplinary committee. Respondent no 4 has no right to directly lodge the FIR against the petitioners. Infact the same has been lodged with an oblique motive just to harass them and create pressure upon them, hence the impugned FIR is liable to be quashed.
“Considering the aforesaid facts and circumstances of the case, prima facie, a case for interim relief is made out,” the Court observed.
Since AGA has put in appearance on behalf of respondents no 1 to 3, hence no fresh notices need to be issued to them, the Court said.
The Court issued notice to respondent no 4. The Court has granted four weeks time to file counter-affidavit for the respondents. List thereafter.
“Till the next date of listing or till submission of police report under Section 173 (2) CrPC, if any, before the competent Court, whichever is earlier, the arrest of the petitioners in pursuance of the impugned FIR shall remain stayed of course subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation,” the Court order reads.