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2025 DAILYLAW 149525 (ALL)

SMT. ABRUNNISHA AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

NA528/680/2025 · 2025-07-03

Om Prakash Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37472 Court No. - 30 Case :- APPLICATION U/S 528 BNSS No. - 680 of 2025 Applicant :- Smt. Abrunnisha And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Surya Narayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. By means of this application under Section 528 of B.N.S.S., 2023, the applicants have sought quashing of the order dated 10.06.2025 passed by Sub District Magistrate, Mankapur, Gonda, in Case No.4894 of 2023 (Sahabullah Khan and Another vs. Abrunnisha and Others) under Section 164 B.N.S.S., 2023, Police Station- Khodare, District-Gonda as well as entire proceeding of the aforesaid case. 3. The contention of learned Counsel for the applicants is that applicants and opposite party No.4 and 5 are family members and one of the old family member namely, Smt. Salekha executed a gift deed in favour of applicant No.1 and 2 on 05.02.2025 which got registered on 06.02.2025 and thereafter, a dispute with regard to said property arose between the applicants and opposite party No.4 and 5, in respect of which the opposite party No.4 and 5 have already file a suit bearing Case No.897 of 2025 (Sahabullah and Another vs. Abrunnisha and Others) before the Civil Judge (Junior Division), Gonda on 20.03.2025 which is still pending, thereafter, the opposite party No.4 and 5 have moved an application on the administrative side before the Sub Divisional Magistrate, Mankapur, Gonda under Section 164 B.N.S.S., 2023 only to create pressure on the applicants. The Sub Divisional Magistrate, Mankapur, Gonda had passed the order dated 10.06.2025 directing the Station House Officer, Police Station-Khodare, District-Gonda to maintain status quo on the disputed property till final decision on the aforesaid application under Section 164 B.N.S.S., 2023. 4. Learned Counsel for the applicants says that the impugned order dated 10.06.2025 is passed without application of mind and without following the due process of law. He further says that once a civil suit is filed in a civil court, the Sub Divisional Magistrate cannot interfere in the matter. 5. On the contrary, learned A.G.A. for the State says that there are different gata numbers in the application filed by the opposite party No.4 and 5 before the Sub Divisional Magistrate. He further submits that a report has been sought by the Sub Divisional Magistrate which is still awaited and the dispute will pacify only after obtaining the said report. 6. Considering the submissions made by learned Counsel for the parties and on perusal of record, this Court cannot go into such disputes which prima facie appears to be between private parties, however, the Sub Divisional Magistrate, Mankapur, Gonda is directed to get the facts inquired and do the needful and decide the aforesaid application bearing Case No.4894 of 2023 (Sahabullah Khan and Another vs. Abrunnisha and Others) under Section 164 B.N.S.S., 2023, Police Station-Khodare, District-Gonda within three weeks if there is no legal impediment. 7. With the aforesaid observations/directions, the application is disposed of. (Om Prakash Shukla, J.) Order Date :- 3.7.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench