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2025 DAILYLAW 152899 (ALL)

GURBINDER SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLP/6580/2025 · 2025-07-24

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42667-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6580 of 2025 Petitioner :- Gurbinder Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Jitendra Saksena Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A. appearing for the State and perused the record. 2. This petition has been filed with the following prayers "i) Issue a writ order or direction in the nature of certiorari quashing the impugned F.I.R. dated 5.7.2025 registered as case crime no. 174 of 2025 under Sections 419, 420, 467, 468, 471 and 120-B I.P.C. Police Station Wazeerganj, District- Lucknow lodged by the opposite party no. 4 as contained in Annexure No. 1 to the writ petition. (ii) Issue a writ order or direction in the nature of mandamus commanding the opposite parties more particularly opposite party no. 3 not to arrest, harass, humiliate and victimize the petitioner in pursuance of the impugned F.I.R. 3. It has been submitted by the learned counsel for the petitioner that the opposite party no. 4- widow of Late Surat Singh is residence of District- Rampur. She appears to be illiterate but her husband Late Surat Singh had made out a power of attorney in favour of one Atul Khanna S/o R.C. Khanna resident of House No. A-725, HIG Indira Nagar LUcknow to manage his land, as he was living in another town. On the basis of such power of attorney the land of Gata No. 61 was sold off by Atul Khanna to several persons and the petitioner is a subsequent purchaser. 4. We have gone through the contents of the F.I.R. which refers to an application being made by the informant and her son to the Deputy Director of Consolidation, Lucknow under Section 48 (3) of the Consolidation of Holdings Act on 23.9.2024 and on the basis of which some orders for enquiry to be conducted was passed and till Consolidation Officer, Sarojini Nagar has submitted a report on 12.11.2024 regarding fraud having been committed in the selling of one third land of Gata No. 60 ad-measuring 3.481 hectares and Gata No. 61 ad- measuring 4.427 hectares. The F.I.R. also states that it has enclosed with it, the date certificate of Late Surat Singh, copies of sale deeds and copy of the report of Consolidation Officer, Sarojini Nagar dated 12.11.2024. 5. The F.I.R. discloses commission of cognizable offence. We, therefore, do not wish to interference and grant the prayers as made in the writ petition. 6. The writ petition is accordingly dismissed. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 24.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench