Neutral Citation No. - 2025:AHC-LKO:42268-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6501 of 2025 Petitioner :- Vivek Kumar Maurya And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. U.P. And 3 Others Counsel for Petitioner :- Prabhat Kumar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, learned A.G.A for the State as well as Ms. Manju Singh, Advocate who has filed power today on behalf of the opposite party no. 4 and perused the record. 2. This writ petition has been filed with the following prayers:- "i. To issue a, writ order or direction in the nature of certiorari quashing the First Information report No. 0133/2025 on 22-05-2025 lodged at Police Station Nighasan District Kheri against petitioners and 02 others unknown persons u/s 319(2), 318(4), 115(2),351(2),352 of BNS 2023 read with section 3(1)da, 3(1) Dha and 3(2) (Va) in SC/St and 3(2) 1989 amended 2015 contained as Annexure No. 1 to the writ petition. ii. To issue a writ order of direction in the nature of mandamus commanding the opposite parties not to arrest the petitioner in pursuance of the impugned F.I.R." 3. It has been submitted that the opposite party no. 4 had initially moved an application under Section 173 (4) of the BNSS saying that he is in possession of the land gata no. 796 area 0.89 hectare Village- Lakhai, P.S. Padhuwa which has been fraudulently taken over by the petitioner/accused and that he had filed a civil suit 235 of 2023 before the Civil Judge (Junior Division) Lakhimpur Kheri for cancellation of sale deed but as soon as the accused came to know about such filling of civil suit for cancellation of sale deed they became inimical and they attacked the complainant on 25.3.2025 and also threatened to kill unless he withdrew the civil suit as aforesaid. On such allegations, the Magistrate concerned had directed the police to register the case. The root of the matter is that the informant had sold off his land gata no. 796 area 0.890 hectare to the petitioner through a sale deed on 21.2.2013, which was duly registered, however, the opposite party no. 4 got greedy for more money and filed a civil suit no. 235 of 2023 after 10 years for setting a aside the sale deed. While the said suit was pending, the opposite party no. 4 also sold off the land to one Gorakh Nath on 28.2.2025. The petitioner lodged F.I.R. against the opposite party no. 4 on 29.4.2025 and a copy of such F.I.R. has been filed as Annexure No 3 to the writ petition. As a counter blast the opposite party no. 4 has lodged the impugned F.I.R. on 22.5.2025. 4. Learned counsel for the opposite party no. 4 has stated that the application under Section 173 (4) of the BNSS was moved before the Magistrate concerned on 2.4.2025 and the petitioner being an Advocate came to know about filing of such application and lodged F.I.R. against the opposite party no. 4 on 29.4.2025 making false allegations only to harass the opposite party no. 4. 5. We have gone through the sale deed allegedly executed by the opposite party no. 4 in favour of the petitioner and we find that the land which has been sold off allegedly by the opposite party no. 4 ad-measuring 889.2 square meters and the market value of such land as mentioned in the said sale deed is Rs. 8,90,000/- but consideration of only Rs. 2 Lakhs was paid by the petitioner. We do not find it appropriate to grant any relief to the petitioner as writ jurisdiction under Article 226 of the Constitution of India is a discretionary jurisdiction. 6. The writ petition is accordingly dismissed. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 23.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench