Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 118896 (ALL)

ISHWAR SARAN SHUKLA v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. HOME LKO. U.P. AND 4 OTHERS

/615/2025 · 2025-01-24

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:4701 Court No. - 16 Case :- APPLICATION U/S 482 No. - 615 of 2025 Applicant :- Ishwar Saran Shukla Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Home Lko. U.P. And 4 Others Counsel for Applicant :- Ved Prakash Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner as well as learned AGA for the State. Notices to respondent no. 2 to 5 are dispensed with. By this petition, the petitioner has prayed for the following relief:- "(i) To quash, the impugned order dated 26.04.2024, passed in Criminal Revision No. 306/2023 (Ishwar Sharan Shukla vs. State of U.P.), as well as, impugned order dated 27.07.2023, passed in Complaint case No. 2600412/2018 (Ishwar Sharan Shukla vs. Malti devi & Ors.), contained as Annexure No. 1 & 2 to this Petition. (ii) To issue an order or Direction to the opposite party no. 1 to take appropriate action against the opposite party no. 2 to 5 for the fraud and criminal conspiracy committed by them against the petitioner/Applicant." Perused the record. Perusal of the impugned order dated 27.07.2023 shows that the complainant has filed a suit for cancellation of sale deed which is pending. Simultaneously he has also filed a complaint case. Learned trial court while discussing the contents of the complaint as well as the statement under Section 200 and 202 Cr.P.C., has arrived at a conclusion that the dispute primarily appears to be civil in nature and hence, he has rejected the application filed by the applicant/petitioner under Section 156(3) Cr.P.C. There appears to be no illegality in the order impugned. It is not a case where extraordinary jurisdiction under Section 482 Cr.P.C. can be exercised. At this stage, the Court is not required to dig deeper into the appreciation of the evidence. The petition is devoid of merits and is accordingly dismissed. Order Date :- 24.1.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench