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2025 DAILYLAW 170153 (ALL)

RAIES AHMED v. STATE OF U.P. THRU. PRIN. SECY. HOME, CIVIL SECTT. LKO. AND OTHERS

/9762/2024 · 2025-01-09

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1615-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9762 of 2024 Petitioner :- Raies Ahmed Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And Others Counsel for Petitioner :- Hemant Tripathi,Rishi Raj Mishra Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J. (Order on I.A. No.NIL of 2025-Amendment Application) 1. Present application is filed seeking amendment in the memo of writ petition. The application is supported with an affidavit. 2. Learned counsel for respondent has no objection to the amendment application. 3. The amendment application is allowed. 4. Let necessary amendment be incorporated in the memo of writ petition during course of the day. Order on petition:- 1. Learned counsel for petitioner has filed supplementary affidavit today in Court and the same is taken on record. Heard learned counsel for petitioner, learned counsel for respondent no.4 and learned A.G.A. for State. 2. This petition seeks issuance of a writ in the nature of certiorari quashing the First Information Report dated 07.05.2023 bearing Case Crime No.0150 of 2023, under Section, 419, 420, 504, 506 I.P.C., Police Station-Kunda, District-Pratapgarh. 3. Submission of counsel for petitioner is that this is a family dispute and the tenants were already in possession of property in dispute and, therefore, petitioner has not committed any fraud. 4. Learned counsel for respondent no.4 strongly disputes the said submission. He submits that father of petitioner is still alive and, therefore, petitioner has not inherited the property in dispute till date and, therefore, he has no right on the property. Without having any right in the property in dispute only to further complicate the matter in favour of father and other persons, petitioner has executed the alleged documents. Therefore, the documents are forged and without any title whatsoever. 5. The statement of respondent no.4 that father of petitioner Sri Salim Ali is still alive is not disputed by learned counsel for petitioner. 6. In view of the aforesaid facts and circumstances of the case, since on the face of it appears that petitioner had no right to execute the documents, this Court is not inclined to interfere with the impugned F.I.R. 7. Accordingly, the writ petition is dismissed. Order Date :- 9.1.2025 Arti/- [Om Prakash Shukla,J.] [Vivek Chaudhary,J.] Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench