NAZMA BEGAM AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME, CIVIL SECTT. LKO. AND OTHERS
CRLP/10766/2025 · 2025-11-18
Abdul Moin, Babita Rani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 187723 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 187723 (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. - 10766 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. Heard learned counsel for the petitioners as well as learned AGA appearing for the respondents No. 1 to 3.
2. No notice is being issued to the respondent No.4 taking into consideration the nature of order proposed to be passed.
3. Instant petition has been filed praying for quashing the impugned FIR dated 01.11.2025 bearing No.0351 of 2025 under Sections 340(2), 338, 336(3), 318(4) B.N.S. (IPC Sections 471, 467, 468, 420 respectively) Police Station Malhipur, District Shrawasti.
4. The contention of learned counsel for the petitioners is that the petitioners are the bonafide purchasers through sale deeds that has been executed. The impugned FIR has been lodged contending that permission that had been obtained from the Collector pertaining to sale of the property, was fabricated.
5. The argument of learned counsel for the petitioners is that the petitioners in the capacity of being purchasers through sale deeds have got nothing to do with the permission which might have been fabricated but once there is no allegation or averments of the sale deeds being fabricated, consequently, there cannot be any occasion for the respondent authorities to proceed against the petitioners on the basis of the impugned Versus Counsel for Petitioner(s) : Ram Prakash Singh Counsel for Respondent(s) : G.A. Nazma Begam And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And Others .....Respondent(s)
FIR.
6. Considering the aforesaid, the writ petition is disposed of with the direction to the respondent authorities not to take any coercive action on the basis of the impugned FIR till some credible or cogent evidence is found against the petitioners.
7. Needless to mention that the petitioners shall cooperate in the investigation.
8. It is also provided that in case the petitioners do not cooperate in the said investigation it would be open for the Investigating Officer or the complainant to file appropriate application for vacation of this order. November 18, 2025 Pachhere/- CRLP No. 10766 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench