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2025 DAILYLAW 178494 (ALL)

ARUN KUMAR SRIVASTAVA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

/1532/2025 · 2025-11-19

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1532 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application is filed with the prayer to quash the proceedings of Criminal Case No.675 of 2025, arising out of Case Crime No.0050 of 2025, under Sections 3(5), 352, 351(3), 324 of BNS, Police Station Karaundi Kala, District - Sultanpur. 3. Learned counsel for the applicants submits that dispute related to the property in question was arisen from the order dated 7.9.2024 passed by the Deputy Director of Consolidation, Sultanpur, which was challenged before this Court in Writ B No.1174 of 2024, in which, the protection has been given by this Court vide dated 2.12.2024. He further submits that applicants were in possession over the property in question but on the basis of concocted facts, F.I.R. of the case in question was lodged against the applicants. He also submits that private respondent also filed an application before the Magistrate under Section 184 of BNSS for attachment of the property. He further submits that in case, the private respondent was in possession over the property in question then normally person who is in possession will not file any application for attachment, therefore, it shows that applicants are in possession over the property in question. He further submits that only with the intention to make Versus Counsel for Applicant(s) : Raj Priya Srivastava Counsel for Opposite Party(s) : G.A. Arun Kumar Srivastava And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) pressure, F.I.R. of the case in question was lodged and charge sheet was filed in the most mechanical manner, therefore, indulgence of this Court is necessary. 4. Learned A.G.A. opposes the prayer of the applicant and submits that order dated 9.7.2024 passed by the D.D.C., Sultanpur was challenged before this Court in Writ B No.1174 of 2024, in which, interim order was passed that no third party rights will be created by the parties in respect of the property in question nor its nature shall be changed either by alienation or by changing in the revenue records. He further submits that in the notice dated 17.4.2025 passed by Sub Divisional Officer, Kadipur, Sultanpur on the application of private respondent under Section 184 of BNSS, it is mentioned that private respondent categorically stated in his application that he was in possession over the property of Gata No.56, 57 & 58 and his crop is also standing but the applicants are trying to remove the crop. He also submits that not even a single evidence collected by the Investigating Officer is annexed and defense of the applicant cannot be considered at this stage, therefore, same may be dismissed. 5. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is evident that there no evidence collected by the Investigating Officer is enclosed with the present application related to the revenue record showing the possession of the applicant over the property in question, therefore, petition is misconceived and is liable to be dismissed. 6. In view of the above, the present application is dismissed. November 19, 2025 GauraV/- NA528 No. 1532 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench