Neutral Citation No. - 2025:AHC-LKO:37497-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5657 of 2025 Petitioner :- Arif Anwar Hashmi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Manoj Kumar Misra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. (1) Heard the learned counsel for the petitioners and the learned Government Advocate Dr. V.K. Singh, assisted by Shri Shivendra Shivam Singh Rathore on behalf of the State-respondents nos.1, 2 & 3. (2) In view of the order proposed to be passed, the issuance of notice to the Respondent no.4 is dispensed with. (3) This petition has been filed by the petitioner for the following main prayers:- "i) Issue a writ, order or command in the nature of Certiorari to quash the impugned F.I.R. registered at F.I.R. No.045/2025, under Sections 467, 468, 471, 420, 2/3 The Prevention of Damage to Public Property Act 1984, at Police Station Sadullanagar, District Balrampur, in the interest of justice. ii) Issue a writ, order or command in the nature of Mandamus directing Opposite party not to arrest the petitioners in aforesaid crime number during the pendency of this petition in the interest of justice." (4) It is the case of the petitioners that they belong to a very reputed family. The father of the petitioners was a Social activist. He had established Kisan Uchchatar Madhyamik Vidyalaya, Sadullah Nagar in District Gonda in the year 1961. During consolidation operations in the village, a complaint was made regarding encroachment by one Hasmat Ali on land belonging to the Kisan Vidyalaya. An application was moved in this regard. Later on, the Chief Revenue Officer dismissed the application of Hasmat Ali on 05.12.2013. (5) During consolidation operations, the D.D.C. passed an order under Section 48 on 30.10.1987 recording the name of the Kisan Vidyalaya Bagwani. Later on, in pursuance of an order dated 30.10.1987 passed by D.D.C. in Revision No.1584, the land was recorded in the name of Kisan Vidyalaya Bagwani and Amaldaramad was made on 24.07.1990. An application for restoration of the Revision was filed by the D.D.C., Balrampur, on the ground that the aforesaid order was passed on the basis of wrong and incorrect facts. On the said application record of Revision No.1584 and Reference No.474 was called for. The Record room reported that no details of such file is recorded in the concerned Register. (6) Since the Record room made such a noting / comment, the D.D.C. Balrampur, concluded that there being no entry of the order passed in Revision and Reference it appeared to be a forged order. The order dated 08.04.2024 passed by the D.D.C. was challenged before this Court. This Court passed an order of maintenance of status-quo on 27.05.2024. After this order was passed by the D.D.C. on 08.04.2024, FIR was lodged against the petitioners on 09.10.2024 in Case Crime No.122 of 2024, under Sections 420, 447, 467, 468, 471 I.P.C. and Section 2/3 Prevention of Damages to Public Property Act. A copy of the FIR has been filed as Annexure-6 to the petition. It has been submitted that in the earlier FIR dated 09.10.2024 after investigation Charge-sheet has been submitted. Now regarding the same alleged forgery and fraudulent activity another FIR has been lodged by the same Lekpal, who has been arrayed as Respondent no.4. It has been submitted that once an FIR regarding the forged entries has been recorded, Second FIR with regard to same alleged offence could not have been registered, hence this petition has been filed praying for quashing of the same. (7) Learned G.A. has pointed out that from a bare perusal of the two FIRs Annexure-6 and Annexure-1, it is evident that they relate to two separate Gatas both initially belong to Khata Navin Parti of Gram Sabha concerned but due to a fraudulent order passed in a non-existent Revision by the then D.D.C. both Gatas were transferred in the name of Kisan Vidyalaya Bagwani. Initially, FIR was lodged for Gata No.1428 now FIR has been lodged for Gata No.1433. (8) Dr. V.K. Singh learned Government Advocate, has pointed out also that the Petitioner No.2-Maruf Anwar Hashmi, has a criminal history of 27 cases and the Petitioner no.1 Arif Anwar Hashmi, has a long criminal history of 36 cases. (9) Having gone through the FIR and also the order passed by the D.D.C. dated 08.04.2024 we find the sufficient material and it cannot be said that no offence is disclosed from a perusal of the FIR. (10) Accordingly, we find no good ground to show interference, the writ petition is dismissed. Order Date :- 3.7.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench