MOHD. SHABBIR QURESHI @ MUNNA AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS
CRLP/6510/2025 · 2025-07-23
Brij Raj Singh, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 152633 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152633 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42380-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6510 of 2025 Petitioner :- Mohd. Shabbir Qureshi @ Munna And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Firoz Ahmad Khan,Mahendra 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 and learned A.G.A. for the State Respondents. 2. This writ petition has been filed with the following main prayers:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 25.05.2025 registered pertaining to F.I.R./Case Crime No. 72/2025, under sections 191(2), 115(2), 305, 329(3), 331(4) & 351(3) of the Bhartiya Nyaya Sanhita, 2023 pertaining to Police Station- Ram Janam Bhumi, District- Ayodhya, as contained in Annexure No.1 to the writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus directing the opposite parties not to arrest the Petitioners on the basis of impugned First Information Report dated 25.05.2025 registered pertaining to F.I.R./Case Crime No. 72/2025, under sections 191(2), 115(2), 305, 329(3), 331(4) & 351(3) of the Bhartiya Nyaya Sanhita, 2023 pertaining to Police Station- Ram Janam Bhumi, District- Ayodhya, as contained in Annexure No.1 to the writ petition, in the interest of justice."
3. It has been submitted by learned counsel for the petitioners that the petitioners no.2 to 5 are the sons of the petitioner no.1. The impugned F.I.R. has been lodged by Smt. Kismatul Nisha/complainant on false statement of fact with malicious intent only because there is a property
dispute between the petitioners and the opposite party no.4. The petitioner no.2, namely, Abdul Wahid has lodged a written complaint through I.G.R.S. portal on 14.05.2025 against Mohd. Nafees Quraishi and Mohd. Azam Quraishi sons of Anees for stealing some goods from his godown. Mohd. Nafees Quraishi is the son of the opposite party no.4 and out to annoyance the impugned F.I.R. has been lodged. In the F.I.R. it has been stated that opposite party no.
4 is the owner of the house situated in Alamganj Katra, Police Station Ram Janam Bhoomi District Ayodhya which she had sold off on 17.01.2025 to Ram Janam Bhumi Trust and moved some of her belongings in another residential house which she owns in the same city and it has been submitted that such averment is incorrect as the opposite party no.4 did not own any house as alleged as is evident from the certificate of Mohd. Sultan Ansari, Parshad of Ward No.1, Abhiram Das, Nagar Nigam Ayodhya. 4. We have gone through the certificate issued on 05.07.2025 by the local Corporator, but we think that there is some confusion in the mind of the local Corporator as unless the opposite party no.4 had papers relating to the property, she could not have executed the sale deed in favour of Ram Janam Bhoomi Trust on
17.01.2025. 5. From a perusal of the F.I.R. commission of an offence is made out. We, therefore, find no good ground to show interference in the impugned F.I.R.
6. The written instructions are kept on record. 7. Accordingly, the writ petition stands dismissed. Order Date :- 23.7.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench