RAM PUJARI AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/8847/2025 · 2025-09-24
Rajeev Singh, Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165425 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165425 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8847 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE RAJEEV SINGH, J.
1. Heard Sri Avadhesh Kumar Shukla, learned counsel for the petitioners, learned A.G.A. for the State and learned counsel for respondent no.5.
2. This writ petition has been filed by the petitioners for the following prayer :- (i) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned First Information Report dated 12.11.2024 lodged by opposite party no.5 at Case Crime No.0856 of 2024, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali Nagar, District Gonda.
3. Learned counsel for the petitioner submits that the impugned F.I.R. has been lodged on the basis of false and concocted story, whereas the boundaries were inadvertently mentioned incorrectly in the sale deed. Therefore, a suit has been filed for correction of boundaries. Thus, the submission is that the impugned F.I.R. is liable to be quashed.
4. Learned A.G.A., as well as learned counsel for respondent no.5 have vehemently opposed the aforesaid prayer made by learned counsel for the petitioner. They submit that the impugned F.I.R. has rightly been lodged and that the collusive suit was filed only after lodging of the impugned F.I.R., which has not yet been decided.
5. Having considered the submissions of learned counsel for the Versus Counsel for Petitioner(s) : Avadhesh Kumar Shukla Counsel for Respondent(s) : G.A., Praveen Tripathi Ram Pujari And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s)
parties and upon perusal of the impugned F.I.R., this Court is of the view that the commission of the offence cannot be ruled out and any plea or material of the petitioner cannot be examined by this Court at this stage.
6. Accordingly, the writ petition is dismissed. September 24, 2025 A.Dewal CRLP No. 8847 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench