HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 11827 of 2024 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicants, as well as for the private opposite parties and the learned Additional Government Advocate. 2. By way of this application the applicants have prayed for quashing/setting aside the orders dated 19/10/2024 passed by the Addl. Session Judge/FTC-II Bahraich in Criminal Revision No. 42 of 2024, contained as annexure-1 to this application, preferred against the order dated 12/01/2024 passed by Learned SDM Bahraich in Case no. 8476/2022, contained as annexure-2 to this application. 3. Learned counsel for the applicants submitted that the applicants and private opposite parties are real brothers. He further submitted that Plot No. 430 of Village Bhaukhara Nauwa Gaon Aliabulbul, Police Station Risiya, District Bahraich, UP, was in the name of the father of the applicants as well as the private opposite parties. The father of the applicants executed a registered will-deed of the aforementioned plot No. 430 on 5/1/2021 in favor of the applicants, and later he died on 10/10/2022. Thereafter, a mutation application was filed, and objection was also filed by the private opposite parties. At the same time, the private opposite parties also preferred a suit for cancellation of the aforementioned will-deed, no stay order was not granted therein. After this, the private opposite parties tried to take help of the Police for grabbing the property, which was given to the applicants by their father Versus Counsel for Applicant(s) : Ashok Kumar Mishra Counsel for Opposite Party(s) : G.A., Gyanendra Pathak Ashish Kumar Pandey And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 4 Others .....Opposite Party(s) by way of a will deed, and moved an application under section 145 CrPC before the learned Sub-Divisional Magistrate concerned. A report was sought by the Sub-Divisional Magistrate, in relation to property in dispute, but the Police submitted a report for the entire holding, which was recorded in the name of the father of the applicants as well as the private opposite parties. The report was submitted only with the intention to give favor to the private opposite parties, contrary to the request made by the private opposite parties in the application under Section 145 CrPC. Thereafter, an order was passed on 12/01/2024 without considering the submissions of the applicants, for attaching the entire property, which was recorded in the name of the father of the applicants as well as the private opposite party, and without application of mind, as the dispute was in relation to Gata No. 430 only, which was transferred in favor of the applicants by their father by way of a will-deed. The learned counsel also submitted that a revision was also preferred by the applicants against the order dated 12/01/2024, but the same was also rejected by the revisional court vide order dated 19/10/2024 without considering the submissions of the applicants. Therefore, both the impugned orders are liable to be set aside. 4. Learned counsel for the private opposite parties submitted that by making a fraud, will-deed was obtained by the applicants. He further submitted that opposite party No. 5 was declared 'mentally challenged', and therefore, no share was given to him. He also submitted that there is no illegality in the order passed by the Sub-Divisional Magistrate, as well as the revisional court. 5. The learned Additional Government vehemently opposed the prayer of the applicants and submitted that the suit for cancellation of the will deed is pending, therefore, it is appropriate for the parties to pursue the case and there is no illegality in the orders passed by the learned Courts below. 6. As the dispute was of the property No. 430 only, which was transferred in favour of the applicants by their father by way of registered will-deed, but it is evident from the impugned order dated 12/01/2024 that the entire property has been attached by the Sub Divisional Magistrate, Bahraich, which clearly reveals non-application of mind by the Sub Divisional A482 No. 11827 of 2024 2 Magistrate. Accordingly, the impugned order dated 12/01/2024 as well as the revisional court's order dated 19/10/2024 are hereby set aside, with liberty to the Sub Divisional Magistrate, Bahraich, to pass a fresh order within 30 days of receipt of a certified copy of this order, after considering submissions of the learned counsel for the parties. With these observations/directions this application is allowed. October 8, 2025 A.Nigam A482 No. 11827 of 2024 3 (Rajeev Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench