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2025 DAILYLAW 167311 (ALL)

SMT. SAKIRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/9201/2025 · 2025-10-07

Rajnish Kumar, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9201 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Heard Shri Noorain Husain Khan, learned Counsel for the petitioner and learned AGA for the State. 2. This petition has been filed with the following main prayer :- "i. a writ, order or direction in the nature of Mandamus thereby directing the opposite Party no. 2 and 3 to register the first information report in this case and to conduct a fair and proper investigation of this case." 3. Learned Counsel for the petitioner submits that the private respondents have got sale deed of the whole property of the petitioner executed in the garb of the sale deed of 3 biswa of the land of the petitioner, therefore, the petitioner moved an application before the Superintendent of Police, Gonda for lodging the F.I.R. on 29.08.2025 but till date F.I.R. has not been lodged. 4. Learned AGA has vehemently opposed the submissions of learned Counsel for the petitioner and submits that civil dispute is being tried to be converted into criminal by lodging the F.I.R., therefore, the contention of the learned Counsel for the petitioner is misconceived. Thus, this petition is liable to be dismissed. Versus Counsel for Petitioner(s) : Qazi Mohd.Ahmad, Noorain Husain Khan(Niazi) Counsel for Respondent(s) : G.A. Smt. Sakira .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) 5. Having considered the submissions of the learned Counsel for the parties and on perusal of the contents of the application moved by the petitioner before the Superintendent of Police, Gonda annexed as Annexure No.4, it is apparent that there is civil dispute between the parties with regard to area of the property in dispute, which is nothing but a civil dispute between the parties, therefore, the contention of the learned Counsel for the petitioner is misconceived. 6. The petition is misconceived and lacks merits, hence it is dismissed. October 7, 2025 Ajit CRLP No. 9201 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench