HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 13889 of 2025 Court No. - 89 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for the petitioner and Sri R.K. Singh, learned AGA for the State - respondent. 2. This writ petition has been filed by the petitioners with a prayer to that this Hon'ble Court may kindly be pleased to set-aside the impugned judgment and order dated 29.08.2025 passed by Addl. District And Sessions Judge, Room No. 8 Farrukhabad in Criminal Revision No.189/2024 (Jaswant Singh Vs State of U.P and others) and order dated 30.07.2024 passed by Learned Chief Judicial Magistrate, Farrukhabad in Misc. Case No.1396/2024 during the pendency of the instant writ petition before this Hon'ble, otherwise the petitioner shall suffer an irreparable loss and hard injury. 3. Learned counsel for the petitioners has submitted that an application under Section 156(3) Cr.P.C. was filed by the petitioners before the learned Chief Judicial Magistrate, Farrukhabad, stating therein that an amount of Rs. 2,00,000/- was paid on different dates through bank transfers by the petitioner's friend to the respondent. It was stated that respondent no. 2 was in need of money for running his hospital and had requested the petitioner to lend him the aforesaid amount. Considering the request of respondent no. 2, the petitioner arranged for his friend, Rajeev Kumar, to transfer the said amount from his bank account in favour of respondent no. 2. The amount was transferred in various installments between July 2022 and September 2022. However, when the petitioner demanded the said amount from respondent no. 2, he did not respond. Subsequently, a legal notice was also Versus Counsel for Petitioner(s) : Ankit Kumar Pal, Shad Azam Counsel for Respondent(s) : G.A. Jaswant Singh .....Petitioner(s) State Of U.P. Through Principal Secretary (Home) And 2 Others .....Respondent(s) issued to the respondent, but it was of no avail. The petitioner thereafter realized that he had been cheated by respondent no. 2 and approached him personally to demand the amount. However, respondent no. 2, along with other unknown persons, allegedly assaulted and abused him. Learned counsel submits that the application under Section 156(3) Cr.P.C. was dismissed by the learned Chief Judicial Magistrate, Farrukhabad on 30.07.2024, against which the petitioner preferred Criminal Revision No. 189/2024 (Jaswant Singh vs. State of U.P. and others). The said revision was dismissed on the ground that the nature of the allegations, prima facie, revealed that the dispute between the parties was of a civil nature. Learned counsel further submits that both the courts below arrived at a common conclusion that the amount of money was not transferred from the petitioner's bank account but from his friend's account, which raised doubt about the petitioner's claim. It is submitted that this conclusion is erroneous, as the money belonged to the petitioner and was in the custody of his friend, Rajeev Kumar, who transferred the said amount to respondent no. 2 at the petitioner's request. The loss was thus actually suffered by the petitioner, and there was no justification for dismissing the application merely on the ground that the amount was not transferred directly from the petitioner's bank account. It is further submitted that both the courts below have arrived at an incorrect conclusion, and hence, both the impugned orders are liable to be set aside. 4. Learned AGA for the State has submitted that the learned Chief Judicial Magistrate as well as the Revisional Court have rightly concluded that the dispute between the parties is primarily of a civil nature and cannot be resolved through criminal proceedings. 5. Heard learned counsel for the parties and perused the material available on record. 6. It appears that the learned Chief Judicial Magistrate, Farrukahbad before passing the impugned order, had also called for an enquiry report from the concerned police station. The said report reveals that the petitioners as well as respondent no. 2 had developed a dispute arising out of their respective shares in the hospital run by respondent no. 2. The allegations made by the petitioners, along with the enquiry report submitted by the concerned police station, when read conjointly, indicate that the dispute between the parties is primarily of a civil nature. Hence, this Court does not find any perversity in A227 No. 13889 of 2025 2 the orders passed by the courts below. 7. Accordingly, both the impugned orders are upheld, and the writ petition is dismissed. April 23, 2026 Mukesh A227 No. 13889 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad