KAUSHAL PANDEY @ KAUSHAL KISHOR PANDEY v. STATE OF U.P. THRU. THE ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
CRLP/6782/2025 · 2025-07-29
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153955 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153955 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43691-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6782 of 2025 Petitioner :- Kaushal Pandey @ Kaushal Kishor Pandey Respondent :- State Of U.P. Thru. The Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Satyendra Kumar Tiwari,Sachin Pandey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard the learned counsel for the petitioner and the learned A.G.A. who appears on behalf of the State-respondent nos.1 to
3. 2. This petition has been filed by the petitioner for the following main prayer:-
"A. a writ, an order or direction in the nature of certiorari quashing the impugned FIR No. 89/2024 u/s 420, 406, 467, 468, 471, 120-B I.P.C, dated 06.05.2024, P.S. Gomati Nagar Extension, District- Lucknow in respect of the petitioner, contained as (Annexure No.01) to this writ petition. B. a writ in the nature of mandamus commanding the opposite parties not to harass and arrest the petitioner in view of FIR No. 89/2024 u/s 420, 406, 467, 468, 471, 120-B I.P.C, dated 06.05.2024, P.S. Gomati Nagar Extension, District- Lucknow in the interest of justice."
3. It has been submitted by learned counsel for the petitioner that the petitioner is innocent and he has not committed any fraud against the informant. He had no role to play and he has been falsely implicated in the present case. The F.I.R. is a delayed F.I.R. as it relates to execution of a Sale Deed on 12.2.2021 and has been lodged after more than four years. 4. Learned A.G.A. has produced before this Court the instructions wherein it has been stated that the petitioner is not cooperating in the investigation and, therefore, the Investigating Officer has approached the Court concerned, which has issued the non bailable warrant against the petitioner. 5. We have gone through the F.I.R. wherein it has been
specifically mentioned that the informant and her husband wanted to buy a plot of land in Lucknow and they met the petitioner Kaushal Pandey @ Kaushal Kishor Pandey, who himself alleged to be a real estate agent/broker and he along with three others, namely, Sushil Kumar, Faiyaz Ahmad Khan and Ram Kishore Dutt Tiwari showed them a plot at Sector-5, Gomti Nagar Extension, Lucknow and also introduced the owner Aniket Pandey, who executed the Sale Deed on
12.2.2021.
When the informant went to Lucknow Development Authority for sanction of map for construction, the official at Lucknow Development Authority informed the complainant that there was no such plot in existence and when the informant tried to contact the alleged seller/owner of the plot in question, he said that he had no knowledge of any such Sale Deed having been made by him. 6. A perusal of the F.I.R. indicates commission of an offence. We do not wish to interfere in the matter. 7. The writ petition is dismissed. Order Date :- 29.7.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench