HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 15539 of 2024 Court No. - 89 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for petitioner, learned counsel for private respondent and Sri Acharya Rajesh Tripathi, learned AGA for State respondent. 2. This petition has been filed by the petitioner with a prayer that this Hon'ble Court may graciously be pleased to set-aside the impugned orders dated 06.06.2024 passed by Learned Additional District and Sessions Judge/Special Judge (POCSO Act), Court No. 2, Amroha in Criminal Revision No. 32 of 2022 (Har Swaroop Versus State of U.P. and another) and order dated 03.12.2021 passed by Learned Chief Judicial Magistrate, Amroha in Complaint Case No. 5910 of 2021 (Old No. 865 of 2020), Case Crime No. 467C of 2014 (Har Swaroop Versus Sukkhan Singh and others) under Section 420, 406, 323, 504, 506, 467, 468 I.P.C.., Police Station Adampur, District-Amroha. It is further prayed that this Hon'ble Court may graciously be pleased to remand the matter back to pass a fresh order by learned Chief Judicial Magistrate, Amroha in Complaint Case No. 5910 of 2021 (Old No. 865 of 2020), Case Crime No. 467C of 2014 (Har Swaroop Versus Sukkhan Singh and others) under Section 420, 406, 323, 504, 506, 467, 468 I.P.C.., Police Station Adampur, District-Amroha, otherwise petitioner shall suffer irreparable loss and injury. And/or to pass such other and further order as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. 3. Learned counsel for the petitioner submitted that the petitioner was adopted by his uncle, Mangat alias Mangal, to New Delhi, where he resided for a long time. His uncle, prior to his death, executed a registered Will of Versus Counsel for Petitioner(s) : Pradeep Kumar, Sunita Chauhan Counsel for Respondent(s) : G.A., Satyendra Kumar Mishra Har Swaroop .....Petitioner(s) State Of U.P. And 12 Others .....Respondent(s) his property in favour of the petitioner. The respondent, who is also the uncle of petitioner, allegedly fabricated certain documents and got the property transferred in his own name. It is further submitted that the petitioner moved an application under Section 156(3) Cr.P.C. against the respondent, which was allowed and a direction to register an FIR was issued by the learned Magistrate. However, after investigation, a final report was submitted. Upon filing a protest petition, the same was treated as a complaint case. After recording statements under Sections 200 and 202 Cr.P.C., the complaint was dismissed by the learned Magistrate on 3.12.2021. Aggrieved by the said order, the petitioner preferred Criminal Revision No.32 of 2022 ( Har Swaroop vs. State of U.P. and another), which too came to be dismissed. Learned counsel further submitted that the death certificate of the petitioner's adoptive father was prepared by his uncle; however, he could not satisfactorily explain how the alleged fabricated documents were used by the respondent to get the property transferred in his favour. 4. Per contra, learned counsel for the private respondent submitted that the property was mutated in favour of the respondent by way of natural succession. The matter was contested between the parties during consolidation proceedings, wherein the petitioner remained unsuccessful. It is submitted that the consolidation proceedings have attained finality and the dispute has already been duly adjudicated; hence, the petitioner has no right to agitate the same issue by initiating criminal proceedings. 5. Heard learned counsel for the parties and perused the records, including the orders passed by the courts below. 6. It is not in dispute that the controversy between the parties has already been adjudicated during consolidation proceedings. Therefore, raising the issue of succession by instituting proceedings under Section 156(3) Cr.P.C. or by pursuing a complaint case amounts to an abuse of the process of law. 7. Accordingly, both the orders passed by the courts below are upheld and the present petition is dismissed. May 12, 2026 Mukesh A227 No. 15539 of 2024 2 (Anil Kumar-X,J.) Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad