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2025 DAILYLAW 151239 (ALL)

SMT. LALITA DEVI v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND 5 OTHERS

NA528/755/2025 · 2025-07-15

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40446 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 755 of 2025 Applicant :- Smt. Lalita Devi Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And 5 Others Counsel for Applicant :- Brijesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Case called out in the revised list. Nobody is present to press the application and no request for adjournment of the case has been made. 2. By means of the instant application filed under Section 482 Cr.P.C./528 B.N.S.S., the applicant has challenged validity of order dated 16.12.2024 passed by the Additional Chief Judicial Magistrate, Court No. 27, Lucknow in Criminal Misc. Case No. 6283 of 2024 whereby application under Section 173(4) B.N.S.S. filed by the applicant has been rejected. 3. In the said application, the applicant stated that he had purchased a land from the opposite party no. 4-Jai Pratap Singh on 07.03.2022 and her name was mutated in the revenue records but she could not get possession of the land. She further stated that the opposite party no. 4 had shown some other land to her, which was different from the land mentioned in the sale deed. The land was divided into three parts by means of an order dated 18.09.2018 passed by the Sub District Magistrate, Mohanlalganj, Lucknow amongst three share holders Ram Chandra, Shitla Prasad and Mangal Prasad. Opposite party no. 6-Ram Chander had already sold away his share of the land. The informant did not disclose the relationship between Ram Chander and the opposite party no. 4. In para 6 of the application it has been stated that a settlement had been entered into between the applicant and the opposite party no. 4 but he violated the terms thereof. 4. In the impugned order dated 16.12.2024, the trial court has mentioned that a report was called from the police station as per which no case is registered regarding the present dispute. The opposite party no. 4 has filed suit No. 1638/2024 against the applicant in the Court of Civil Judge (Jr. Div.), Hawali, Lucknow form which it appears that there is a civil dispute between the parties regarding which a civil suit is pending in the competent court. The application has been filed to give a colour of criminality to civil dispute and it appears that no cognizable offence has been committed and the applicant can get redressal of his grievances in the pending civil suit. 5. The revisional court has also affirmed the aforesaid order. 6. Having gone through the application under Section 173(4) B.N.S.S. and the impugned order dated 16.12.2024 passed by the learned ACJM, I am of the view that the reasons assigned in the impugned order do not suffer from any error or illegality warranting interference by this Court in exercise of its inherent jurisdiction under Section 528 B.N.S.S. 7. The application is accordingly dismissed. Order Date :- 15.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench