Neutral Citation No. - 2025:AHC-LKO:23996-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3361 of 2025 Petitioner :- Amarjeet Yadav And Another Respondent :- State Of U.P. Thru. Its Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Deepak Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Ram Manohar Narayan Mishra,J. 1.Sri Raman Kumar, Advocate has filed his Vakalatnama today in Court on behalf of the opposite party No.4. The same is taken on record. 2. Heard learned counsel for the petitioners as well as learned counsel for the opposite party No.4 and learned AGA for the State-opposite parties no.1 to 3 and perused the record. 3. The petitioners seek issuance of a writ in the nature of Certiorari for quashing of the First Information Report dated 02.04.2025 lodged by the opposite party No. 4 bearing F.I.R./Case Crime No. 0231/2025, under Sections 318(4), 191(2), 115(2), 352, 351(3) and 333 of B.N.S., Police Station Akbarpur, Ambedkar Nagar. 4. Learned counsel for the petitioners submits that there is a registered Will deed and on the face of it, the present F.I.R. is incorrect and false. 5. Learned counsel for the opposite party No.4 submits that the Will deed does not contain correct facts. The executant was suffering from pain and he died within ten days after execution of the Will due to cancer. He was not in a fit frame of mind to execute the Will. Even the contents of the Will are incorrect as in the same has stated that deceased did not have any child, while the deceased is having two minor daughters, whom the respondent No.4 his wife looking after. He further states that the Will deed first prepared and after execution was presented before the Sub-Registrar and was not executed before the Sub- Registrar. 6. Learned counsel for the opposite party No.4 further states that it is also falsely stated in the paragraph Nos. 6 and 8 of the writ petition that after the death of her husband, at the time of last rites, opposite party No4 and children were not present. He further submits that the photographs of the said fact are filed along with the Supplementary Counter affidavit, which duly demonstrate that the wife along with two children was present at the time of cremation. 7. Looking into facts and circumstances of the case, more particularly the fact that the petitioners have still not taken any steps to get the Will proved and from the bare perusal of the F.I.R., cognizable offence is made out against the petitioners, we do not find a fit case for interference. 8. Accordingly, the writ petition is dismissed being misconceived. (Ram Manohar Narayan Mishra, J.) (Vivek Chaudhary, J.) Order Date :- 28.4.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench