Neutral Citation No. - 2025:AHC-LKO:42090-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6417 of 2025 Petitioner :- Radheyshyam Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Ramakar Shukla Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner and learned A.G.A. for the State. This petition has been filed by the petitioner with the following main prayers : "(i) To issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 26.03.2025 lodged by opposite party no. Vide FIR No.87 of 2025, under Sections 419, 420, 467, 468, 471 IPC, Police Station Jagdishpur, District Amethi. (ii) To issue a writ, order or direction in the nature of mandamus commanding the opposite party nos.1 to 3 not to arrest the petitioner in pursuance of the impugned First Information Report dated 26.03.2025 lodged by opposite party no.4 vide FIR No.87 of 2025, under Sections 419, 420, 467, 468, 471 IPC, Police Station Jagdishpur, District Amethi." It has been stated by learned counsel for the petitioner that the petitioner is the grandson of the elder brother-in-law of the deceased, Raghuraja, who executed a Will deed on 01.09.2021 in favour of the petitioner during her lifetime. She later died on 12.11.2013. On the basis of registered will deed, the property of the deceased, Raghuraja was mutated in favour of the petitioner on 05.06.2024. The opposite party no.4 being the daughter of Raghuraja was aggrieved by the fact that her mother had bequeathed the property in favour of the petitioner. Consequently, the opposite party no.4 filed a civil suit for cancellation of Will deed bearing Civil Suit No.302 of 2025 in the court of learned Civil Judge (Senior Division), Sultanpur. Simultaneously the impugned FIR has been lodged by moving an application before the Magistrate concerned under Section 173 (4) of BNSS alleging that the petitioner forged the death certificate of Raghuraja and falsely claimed that she was childless whereas she had two daughters. Learned A.G.A. has produced before this Court the copy of the instructions sent by Shri Raghvendra Pratap Yadav, Inspector/Investigating Officer, Police Station Jagdishpur, District Amethi wherein it has been stated that Raghuraja, the mother of the opposite party no.4 died on 09.10.2022 at the residence of opposite party no.4. In the will allegedly executed by Raghuraja on 01.09.2021, she has stated that she had no children whereas it is undisputed that opposite party no.4 and another daughter were alive at that time and Raghuraja was residing with the opposite party no.4. The death certificated dated 12.11.2023 produced by the petitioner for getting mutation in his favour, has been found to be forged and further enquiry is to be conducted in this regard. The copy of instructions along with copies of case diary produced by the learned A.G.A. are kept on record. This Court finds no good ground to interfere. The writ petition is, accordingly, dismissed. Order Date :- 22.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench