The Allahabad High Court has stayed the arrest of Mafia Atiq Ahmed’s brother-in-law Zaki Ahmed in an extortion case.
The Division Bench of Justice Rajiv Gupta and Justice Nalin Kumar Srivastava passed this order while hearing a petition filed by Zaki Ahmad.
The writ petition seeks quashing of the F.I.R dated 01.05.2024 giving rise to Case under Sections 386, 419, 420, 504, 506 I.P.C, Police Station Dhoomanganj, District Prayagraj.
The contention of the counsel for the petitioner is that from the allegations in the FIR, it is clear that the dispute between the parties is at best a boundary dispute. The dispute is about the identity and location of the land claimed by them. The dispute under the circumstances is a civil dispute which has, with ulterior motive, been given colour of criminality.
The Court observed that the matter requires consideration.
The Court granted three weeks time to file counter affidavit for the respondents and two weeks time to file rejoinder affidavit.
“Till the next date of listing, the petitioner may not be arrested consequent to the impugned F.I.R dated 01.05.2024 giving rise to Case under Sections 386, 419, 420, 504, 506 I.P.C, Police Station Dhoomanganj, District Prayagraj.
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”, the order reads.
The Court has fixed the next hearing of the petition on 28.01.2025.
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