Neutral Citation No. - 2025:AHC-LKO:40706 Court No. - 12 Case :- CRIMINAL APPEAL No. - 2157 of 2025 Appellant :- Lallu Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Appellant :- Arun Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Heard, Shri Arun Kumar Mishra, learned counsel for the appellant and learned A.G.A. Learned counsel for the appellant submits that the learned trial court has wrongly and illegally rejected the complaint case on the ground that there is property dispute between the parties and there is no injury, which is of civil nature, but failed to consider that the witnesses, who are residing in the neighbour, have given the evidence in favour of the appellant. Thus the impugned order is not sustainable and is liable to be set aside. Learned A.G.A. opposed the prayer and submissions of learned counsel for the appellant. He submits that there are contradiction in the statements of the appellant and the witnesses recorded under Section 223 and 225 of Bhartiya Nagrik Suraksha Sanhita 2023, therefore, the impugned order has rightly been passed. Having considered the submissions of learned counsel for the parties and on perusal of material placed on record admittedly there is dispute in regard to the property between the parties and in regard to the alleged incident it has been stated by the appellant in his statement under Section 223 of BNSS that the respondents no.2 to 5 have made illegal possession on his property, whereas the witnesses have stated in their statements under Section 225 of BNSS that the respondents no.2 to 5 used to make possession over his land, therefore, there is material contradiction in the statements. No medical evidence or injury report has also been placed on record. Thus, it is apparent that the dispute is of civil nature and the appellant is trying to give colour of criminal nature, which cannot not be done. The impugned order has rightly been passed in accordance with law, which does not require any interference by this court The criminal appeal is, accordingly, dismissed. . .................. .......................................(Rajnish Kumar,J.) Order Date :- 17.7.2025 Banswar Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench