BRAJLAL AND OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND OTHERS
CRLP/6020/2025 · 2025-07-09
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149754 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149754 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39021-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6020 of 2025 Petitioner :- Brajlal And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Alok Kumar Mishra,Anjali Pandey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner and learned A.G.A.
2. This petition has been filed with the following main prayers:-
"[I] Issue a writ, order or direction in the nature of Certiorari thereby quash the impugned Information Report dated 23.06.2025 lodged by the opposite party no. 4 in F.I.R./Case Crime No. 0441/2025, Under Section-318 (4), 338 & 336 (2) of B.N.S. Act, 2023, Police Station-Kotwali City, District-Hardoi, so far as it relates to petitioners, as contained in Annexure No. 1
to
the
writ
petition. [II] Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to arrest the petitioners in pursuance of the impugned First Information Report dated 23.06.2025 lodged by the opposite party no. 4 in F.I.R./Case Crime No. 0441/2025, Under Section-318 (4), 338 & 336 (2) of B.N.S. Act, 2023, Police Station-Kotwali City, District-Hardoi, so far as it relates to petitioners, as contained in Annexure No. 1 to the writ petition."
3. It has been submitted by the learned counsel for the petitioner that the opposite party no. 4 has falsely implicated the petitioner. He is in possession of the property sold by the petitioners and the petitioners have received at the most Rs. 5 lacs and not Rs. 30 lacs as alleged. The account number mentioned in the F.I.R. is not that any of the petitioners, who are five in number. 4. We have gone through the pleadings in the writ petition. On specific query being made by this Court as to where it has been
mentioned in the pleadings that the petitioner's account number is different from the account in which money has been transferred by the informant, counsel for the petitioner has referred to paragraph no. 16 of the writ petition. The paragraph no. 16 of the writ petition is quoted hereinbelow:-
" 16-That the informant/opposite party No. 4 has also alleged in the impugned first information report that he has paid Rs. 23,000,00/- in cash and a cheque of Rs. 7,000,00/- to the petitioner no.
1, but same has not been received by the petitioner No. 1. "
5. There are five petitioners in the writ petition and it is not clear as to whether none of them have received any amount transferred in the bank account from the pleadings on record. 6. From the perusal of record, we find a case of cognizable offence to be made out as it appears that the petitioners have sold of gaon sabha land to the informant and received money in their bank account. 7. The writ petition is accordingly dismissed. Order Date :- 9.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench