Neutral Citation No. - 2025:AHC:132615 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.24) Court No. - 78 Case :- APPLICATION U/S 482 No. - 41229 of 2024 Applicant :- Raj Bahadur @ Lal Bahadur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Devendra Kumar Singh, learned counsel for the applicant and Sri Rajesh Kumar Gupta, learned AGA for the State. 2. The instant application has been filed seeking quashing of the summoning order dated 01.08.2024 as well as the entire proceeding of Complaint Case No. 8057 of 2023 (Shiv Narayan vs. Raj Bahadur @ Lal Bahadur and others), under Sections 323, 504 IPC, P.S. Aung, District Fatehpur, pending in the court of Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.7, Fatehpur. 3. Learned counsel for the applicant submits that the applicant has sold two plots to the opposite party no.2 and his daughter and sale deed was executed. Subsequent there to the construction was raised by the opposite party no.2 and by raising the construction of additional land has been occupied by the opposite party no.2, for which the complaint was made by the applicant herein against the opposite party no.2 to the Senior Superintendent of Police as well as he has also filed a criminal case being Complaint Case No. 2247 of 2023 wherein the opposite party no.2 and other relatives of the opposite party no.2 have been summoned for the offence under Sections 405, 420, 506 IPC vide order dated 05.08.2024. With the same dispute with regard to the same property, the instant complaint case has also been lodged by the opposite party no.2 on 03.04.2023 and after recording the statement of witnesses under Sections 200 and 202 Cr.P.C., the trial court found a prima facie case against the applicant and summoned the applicant and his associates for the offence under Section 323, 504 IPC vide order dated 01.08.2022. The civil suit is also pending between the parties. Therefore, learned counsel for the applicant submits that since the instant dispute is civil in nature, therefore, he seeks quashing of the entire proceeding of the instant case. 3. Having heard the submissions made by learned counsel for the parties, this Court has carefully gone through the record of the case. It is admitted case that two plots were sold to the opposite party no.2 and his daughter and the sale deed was also executed by the applicant in their favour. Subsequently, there is some dispute with regard to the boundaries raised by the opposite party no.2 on the aforesaid plots purchased by him and his daughter. 4. From the allegations as made, it is clear that there is a boundary dispute between the parties for which a civil suit has already been filed by the applicant herein and the applicant has also filed a criminal case being Complaint Case No. 2247 of 2023 against the opposite party no.2 for the same cause of action. Thus, from the allegations as made in the instant complaint case, it is apparent that there is a civil dispute between the parties, which is a motive to cause the incident dated 20.03.2023 as alleged in the instant complaint case by the applicant along with his associates. Since both the parties have proceeded for lodging the criminal cases against each other, the trial court on the basis of the allegations made in the complaint and the statements recorded under Sections 200 and 202 Cr.P.C. found a prima facie case against the applicant and summoned the applicant 5. In view thereof, since there was a sufficient motive for the applicants as alleged in the instant case and the incident dated 20.03.2023 has been alleged, which is supported by the statement of witnesses, a prima facie case is made out against the applicant, therefore, this Court does not find any good reason to interfere with the instant case against the applicant. 6. Thus, the instant application is devoid of merits and is accordingly, dismissed. Order Date :- 6.8.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad