KAVINDRA PRATAP SINGH v. STATE OF U.P. THRU. PRIN. SECY. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
A482/5597/2025 · 2025-07-11
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150664 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150664 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39611 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5597 of 2025 Applicant :- Kavindra Pratap Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Umesh Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Umesh Singh, the learned counsel for the applicant and Sri Amit Kumar Dwivedi, the learned A.G.A. appearing on behalf of the State.
2. By means of the instant application filed under Section 482 Cr.P.C, the applicant has challenged the validity of an order dated 16.01.2020 passed by learned Civil Judge (Junior Division), Fast Track Court/Judicial Magistrate, Ambedkar Nagar in Case No. 209 of 2020, arising out of Case Crime No. 120 of 2013, under Sections 419, 420, 467, 468 I.P.C, Police Station Alapur (now Katak), District Ambedkar Nagar, whereby the application filed by the applicant seeking his discharge has been rejected by the trial court.
3. The applicant has challenged the aforesaid order by filing Criminal Revision No. 18 of 202, which has been dismissed by means of a judgment and order dated 21.12.2024 passed by the learned Additional Session Judge-I, Ambedkar Nagar. The applicant has challenged validity of both the aforesaid orders of this application.
4. The ground of seeking discharge is that the FIR has been lodged alleging that the applicant had prepared a forged will in his favour. The same dispute was a subject matter of a civil suit which has been decreed against the applicant and regarding which an appeal filed by the applicant is pending before the competent court.
5. The learned counsel for the applicant has submitted that the subject matter of the dispute is civil in nature and the applicant cannot be prosecuted for the dispute which is pending
consideration of the Civil Court in appeal.
6. The allegation levelled in the FIR is that the applicant had forged will in his favour. The competent civil court has also recorded a finding that the alleged will is forged. The civil action for cancellation of a forged will is different from criminal prosecution for committing forgery of will and both the proceedings can move on simultaneously, moreover, when the Civil Court has already held that the will is forged.
7. In these circumstances, I am of the considered view that the trial court has not committed any error or illegality in rejecting the discharge application filed by the applicant. There is no force in the present application, which is dismissed accordingly.
8. Accordingly, the instant application stands dismissed. . (Subhash Vidyarthi,J.)
Order Date :- 11.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench