Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 117217 (ALL)

NIRMAL SINGH v. STATE OF U.P. THRU. PRIN. SECY. TO THE GOVT. DEPTT. OF HOME, LKO. U.P. AND 4 OTHERS

A482/360/2025 · 2025-01-17

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:3017 Court No. - 16 Case :- APPLICATION U/S 482 No. - 360 of 2025 Applicant :- Nirmal Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. To The Govt. Deptt. Of Home, Lko. U.P. And 4 Others Counsel for Applicant :- Sandeep Kumar(Trivedi) Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for respondent State. Notices to respondent nos.2 to 5 are dispensed with in view of the proposed order. By this application the applicant has challenged the impugned rejection order dated 24.7.2024 passed by the court of Additional Chief Judicial Magistrate, Lucinow as well as consequential revisional oder dated 30.7.2024 passed in Criminal Revision No.521 of 2023. It is submitted that late Hardeep Singh and Pragat Singh are real uncle of the applicant. Late Hardeep Singh was issueless and inorder to usurp his property, forged will deed has been made by Pragat Singh. The amount in his bank has been withdrawn as well as property has also been usurped. He submits that late Hardeep Singh was suffering from cancer. Perused the record. Perusal of the record shows that the deceased Hardeep Singh has bequeathed his property in favour of the Pragat Singh. Aggrived by that, the applicatnt has filed a complaint bearing Complaint No.1605 of 2023, Nirmal Singh vs. Pragat Singh. Learned court below vide impugned order dated 24.7.2023 has duly considered the submissions made on behalf of the complainant and has observed that on the record there is no such document which shows that Hardeep Singh was suffering from cancer. He was of the view that prima facie the matter appears to be a civil dispute between the ancestral property and is of civil in nature. It is tried to be given a criminal colour and thus, the application under Seciton 156(3) Cr.P.C. was rejected. Consequently, the revisional court has also dismissed the revision. Perusal of the pleadings made in this application also do not make it clear that whether the will deed in question has been assailed before any court of law or not. Neither learned counsel appearing for the applicant is in a position to give any reply on this point. Perusal of the impugned order dated 24.7.2023 appears that the dispute primarily is of civil in nature and there appears to be no illegality in the orders impugned. The application, being devoid of merit, is accordingly dismissed. Order Date :- 17.1.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench