Neutral Citation No. - 2025:AHC-LKO:36083-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4488 of 2025 Petitioner :- Shanker @ Ram Shankar And Others Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Affairs Lko. And Others Counsel for Petitioner :- Akhilesh Pratap Singh Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the petitioners and learned A.G.A. for the respondents. The instant writ petition has been filed praying for a writ of certiorari quashing the impugned F.I.R. dated 30.12.2024 registered as case crime no. 586 of 2024 under Section 318(4), 338, 340(2), 351(3), 352 BNS P.S. Gosaiganj, District Lucknow. A further prayer is for a writ of mandamus commanding the respondents not to arrest the petitioners in pursuance to the aforesaid FIR. Learned counsel for the petitioners submits that under the proceedings held under ceiling law, in earlier points of time certain orders were passed pursuant whereto the names of the petitioners were recorded in the revenue records. Relevant extracts of khatauni have also been annexed alongwith writ petition. He submits that certain sale deeds were executed by third parties and so far as the allegations against the petitioners are concerned, the same relate to execution of agreement of sale in favour of third parties. Learned counsel for the petitioners submits that the registered agreement itself recites that property would be sold after obtaining permission from the competent authority under the provisions of U.P. Revenue Code, 2006 and, till today, neither such permission has been granted nor any sale deed has been executed. Reference to a pending civil suit in relation to the same property has also been made as is apparent from the copy of plaint as annexed to the supplementary affidavit filed today. It is also submitted that the dispute being purely of civil nature, criminal law machinery has been set into motion maliciously. Learned A.G.A. has opposed the submissions made by learned counsel for the petitioners and submits that FIR has been rightly been registered as the petitioners have pretended themselves to be owners of the property whereas the property has been sold to third parties by real owners. Be that as it may, at this stage of proceedings, it is found that names of the petitioners have not been recorded in the revenue records and no sale deed has been executed by them till today and certain proceedings pending on civil side being pending, the petitioners have made out a case for grant of interim protection until police report is submitted by the investigating agency. In view of the above the petition stands disposed of with a direction the respondent authorities that no coercive action shall be taken against the petitioners in pursuance to the aforesaid FIR till the submission of police report under Section 193(3) BNSS 2023. Order Date :- 23.6.2025 J. K. Dinkar (Kshitij Shailendra,J.) (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench