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2025 DAILYLAW 147680 (ALL)

JAFAR AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/5619/2025 · 2025-07-02

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5619 of 2025 Petitioner :- Jafar Ahmad Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Arvind Kumar Verma Counsel for Respondent :- G.A.,Vijay Kumar Singh Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A. appearing on behalf of the State Respondent and Sri Vishwas Shukla, Advocate, holding brief of Sri Vijay Kumar Singh, learned counsel for the respondent no.3. 2. This petition has been filed with the following main prayer:- "i.issue a writ, order or direction in the nature of certiorari thereby quashing the impugned first information report lodged by the opposite party no.3 on 10.6.2025 vide F.I.R. No.200 of 2025, under sections- 336(2), 338, 340(2) of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, at Police Station- Mallwan, District- Hardoi, as contained in Annexure no.1 to this writ petition." 3. It has been submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the impugned F.I.R. lodged by the respondent no.3, who is trying to give a criminal colour to a civil dispute. It is the case of the petitioner that he had bought the house in question which was in dilapidated condition from one Khaliqunnisha W/o Mohd. Husain in the year 1994 by means of an agreement executed on Rs.10/-stamp paper and that he has been living in the house in question since 1994. The petitioner has got the electricity connection issued in his name and also paid house tax in Nagar Palika Parishad Mallawan with regard to the property in question. Now, the informant in the impugned F.I.R. alleges that he had bought the house from one Mohd. Aslam S/o Mohd. Husain through a registered sale deed on 19.01.2024. 4. Since the petitioner has been living in the house in question since 1994 and the house has also been mutated in his favour in the records of Nagar Palika Parishad, the informant could have filed a Suit for eviction on the ground of registered sale deed. He chose to make an easy way out and lodged the F.I.R. 5. After going through the impugned F.I.R. and also the contents of the report dated 02.04.2025 sent by one Additional Superintendent of Police, East, Hardoi to the Superintendent of Police Hardoi, a copy of which has been filed along with the writ petition, this Court is of the opinion that no transfer of property of more than Rs.100/- could have been made only through an unregistered alleged agreement executed on Rs.10/- Stamp Paper. The dispute, no doubt, has some substance and a criminal case can go along simultaneously with a civil case for eviction. 6. The impugned F.I.R. discloses cognizable offence by the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner and, accordingly, the present writ petition is dismissed. Order Date :- 2.7.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench