SONULAL AND 4 OTHERS v. HARIRAM SINGH AND 2 OTHERS
CRLP/1867/2025 · 2025-04-02
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126876 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126876 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18152-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1867 of 2025 Petitioner :- Sonulal And 4 Others Respondent :- Hariram Singh And 2 Others Counsel for Petitioner :- Pradeep Kumar Shukla,Skand Bajpai Counsel for Respondent :- Ram Janak Yadav,Deepak Kumar Singh,G.A.,Maya Ram Yadav Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State-opposite party and Sri R.P. Mishra, learned counsel, who has filed power on behalf of opposite party no. 1 along with other counsel, which is taken on record. 2. This petition has been filed with the following main prayer:-
"Allow this petition and pass an order (s) or direction (s) in the nature of writ of certiorari quashing First Information Report No. 0028 of 2025 dated 02.02.2025 registered at Police Station- Tarabganj, District- Gonda alleging offences punishable under Sections 419, 420, 467, 468, 471 I.P.C. [Annexure No.1 from Page No. 19 to 27]"
3. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present F.I.R. with ulterior motive. He further submits that on the basis of the survey report, the F.I.R. has been lodged with false and concocted story just to give criminality to the civil dispute between the parties. In fact, the whole grievance of the opposite parties may be resolved before the civil court of competent jurisdiction. 4. Learned counsel for the private opposite party vehemently opposes the aforesaid submission made by the learned counsel for the petitioners and in support of his arguments he
relies upon the report of the Collector. He further submits that no doubt parties have to go to civil court to get appropriate civil rights declared from the civil court but from the conduct of the petitioners and pleadings of the F.I.R. cognizable offence is clearly made out against the petitioners, hence they are also liable to be punished in accordance with law. 5. Having heard learned counsel for the parties and perused the contents of the F.I.R. and other relevant document, we find out that cognizable offence is made out against the petitioners. There is no such conclusive documentary evidence which can, as on date, prove that allegations made against the petitioners are false and baseless nor the civil court has granted any interim order to the petitioners as yet.
Thus, this Court is not inclined to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India. 6. The writ petition is accordingly dismissed at this stage. [Brij Raj Singh, J.] [Vivek Chaudhary, J.] Order Date :- 2.4.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench