Neutral Citation No. - 2025:AHC-LKO:38874-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6004 of 2025 Petitioner :- Keshav Prasad @ Keshav Yadav And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Umesh Chandra 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 A.G.A. who appears for the Opposite party nos.1, 2, 3 & 4. We have also heard Shri Rajeev Kumar Singh, Advocate who has filed his Power on behalf of the informant/ Opposite party no.5. (2) This petition has been filed by the petitioners for the following main prayers:- "i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report No.0129/2025, under Sections 115(2), 352, 351(2), 351(3), 324(4), 324(5), 333 B.N.S. 2023, and Section 3 (1) (Da) and 3 (1) (Gha) of S.C./S.T. Act, at Police Station Kandhai, District Pratapgarh, as contained in Annexure No.1 to this writ petition, in the interest of justice. ii) Any other relief which this Hon'ble Court may deem fit and proper in the circumstances of the case may also be passed in favour of petitioners in the interest of justice." (3) It has been submitted by the learned counsel for the petitioners that the petitioners have Gaushala/ Cow Shed which is quite old and there is a Civil Suit pending between her family and that of the Opposite party no.5. The petitioners have been falsely implicated in the impugned FIR. The allegation against the petitioners relates to abusing and trespass etc. there is no injury report with regard to the Opposite party no.5 suffering any injury on her hand or her head. (4) The counsel for the private respondent has pointed out that the petitioners are habitual offenders. He has referred to the contents of Paragraph-23 of the writ petition wherein a mention has been made of at least three FIRs lodged against the petitioners under various sections. The contents of Paragraph-23 are being quoted hereinbelow:- "That apart from the impugned F.I.R. No.0129/2025 dated 04.06.2025, the petitioners have also been falsely implicated in following cases; 1) Petitioner no.1 and 2 have been falsely implicated in FIR No.0489/2020 dated 29.10.2020, under Sections 323, 504, 506 IPC and Section 3(1) (Da), 3 (1)(Dha), & 3(2) (va) of SC/ST Act, at Police Station-Kandhai, District-Pratapgarh, in which they have been granted bail vide order dated 24.04.2025. 2- Petitioner No. 2, 3 and 4 have also been falsely implicated in FIR No.179/2015 u/s-147, 323, 325, 504, 506 I.P.C. & Section 3(1)10 SC/ST Act, Police Station- Kandhai, District-Pratapgarh, in which they have been granted bail vide bail order dated 01.06.2016. 3- Petitioner No. 1 and 4 have also been falsely implicated in Complaint Case No. 390/2014, u/s-323, 504, 506 I.P.C. Police Station-Kandhai, District-Pratapgarh, in which they have been granted bail vide order dated 21.07.2015 passed by Judicial Magistrate, Room No.19, Pratapgarh. Except the above noted cases petitioners have no other criminal case history to their credit. The copies of Bail orders 24.04.2025, 01.06.2016 and 21.07.2015 are annexed collectively as Annexure No.7 to this writ petition." (5) The counsel for the petitioners says that all the FIRs have been lodged by the Opposite party no.5 out of long enmity. The petitioners have been falsely implicated. He has also argued that the Gaushala that he has over which own land was objected too earlier by the Opposite party no.5 and an inquiry was instituted and the Chhetriya Lekhpal submitted a report on 28.05.2025, a copy of which has been filed as Annexure-4 to the petition. (6) We have gone through the Annexure No.4 to the petition, it appears that the petitioners have encroached upon land belonging to the Gaon Sabha that is Gata No.323 recorded in the name of the Gaon Sabha as Banjar Khata. It is not understood as to why the Chhetriya Lekhpal even after investigation and having found Gaushala being situated on the land of the Gram Sabha has not initiated any proceeding under Section 67 of the U.P. Revenue Code. (7) Be that as it may, from a perusal of the FIR, it is evident that the same discloses commission of cognizable of offence against the petitioners, hence, no interference is required in the matter. (8) The writ petition stands dismissed. Order Date :- 9.7.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench