HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1469 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant, Ms. Tanvi Jain, learned AGA and perused the record. 2. The present application has been filed with the following main relief: "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be please to quash the order dated 31.07.2025 passed by Additional District And Session Judge Room No.4/ Special Judge EC Act Faizabad/Ayodhya Judge in Revision No. 277/2024 (Radheyshyam Gupta Vs Vijay Kumar Gupta and Others) and order dated 25/09/2024 passed by Additional Civil Judge Senior Division Second/A. C. J. M. Ayodhya in Misc. Case No. 680/2024 (Radheyshyam Gupta Vs Vijay Kumar Gupta and other) under section 156(3) IPC at Police Station - Kotwali, District - Ayodhya; also direct the opposite party no.4 and 5 to lodge the first information report against the opposite party no.6 to 8 contained as Annexure No.1 & 2, in the interest justice." 3. Learned counsel for the applicant has submitted on 14.4.2024, the applicant had gone to his relative's place and on 15.4.2024 at about 1:00 p.m., opposite party nos.6 to 8 had broken the lock of the shop of applicant and Rs.60,000/-, and other valuable jewellary, readymade cloths and cosmetics etc. were stolen. The applicant filed a complaint before the Magistrate under Section 156(3) Cr.P.C., which was rejected vide order dated 25.9.2024, against which a revision was preferred by the applicant, which was also dismissed vide order dated 31.7.2025. It has been submitted by learned counsel for the applicant that after bare perusal of the complaint it is evident that the offence is made out against opposite party nos.6 to 8, Versus Counsel for Applicant(s) : Amit Prakash Sharma, Saurabh Tiwari Counsel for Opposite Party(s) : G.A. Radheyshyam Gupta Alias Radhey Shyam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 7 Others .....Opposite Party(s) therefore, they are liable to be summoned and tried. 4. On the other hand, Ms. Tanvi Jain, learned AGA has submitted that the applicant and opposite party nos.6 and 8 are real brothers and opposite party no.7 is wife of opposite party no.6. She has submitted that the court has recorded a finding that the applicant could not produce any document or list regarding the articles and jewellary and also he could not produce any documentary evidence showing ownership of such articles and jewellary. Further, a finding has been recorded by the court that the matter pertains to family affairs as the applicant and opposite party nos.6 and 8 are real brothers. 5. In support of his submission, learned counsel for the applicant has relied upon a judgment of the Supreme Court in the case of Priyanka Srivastava and another vs. State of U.P. and others (2015) 6 SCC 287. In the said case, there was default in consecutive payment of the installments and the loan account was treated as a Non-Performing Asset (NPA) in accordance with the guidelines framed by the Reserve Bank of India. The authorities of the financial institution issued notice to the borrowers under Section 13(2) of the SARFAESI Act and in pursuance of the proceedings undertaken in the said Act, the PNBHFL, on 5th June, 2007, submitted an application before the District Magistrate, Varanasi, U.P. for taking appropriate action under Section 13(4) of the SARFAESI Act. 6. Considering the overall facts and circumstances of the present case, I find that there is no illegality in both the orders passed by the courts below as the applicant was not able to show any document or list of documents, showing ownership of the articles and jewellary, alleged to be stolen by opposite party nos.6 to 8. I have also gone through the aforesaid case law cited by the counsel for the applicant. The entire facts and circumstances of the aforesaid case cited by the counsel for the applicant does not match with the facts of the present case. 7. The application is dismissed. October 9, 2025 Sachin NA528 No. 1469 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench