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2025 DAILYLAW 30479 (ALL)

KIRAN SINGH v. STATE OF U.P. AND 4 OTHERS

CRLA/1843/2024 · 2025-10-07

Shekhar Kumar Yadav

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 1843 of 2024 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. 1. The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned judgement and order dated 30.01.2024 passed by Special Judge (SC/ST Act)/Additional Session Judge, Ghaziabad in Criminal Case No.259 of 2021 (CNR No.UPG201008507-2021), Police Station Masori, District Ghaziabad whereby the application under Section 156 (3) Cr.P.C was rejected. 2. Heard learned counsel for the appellant, the learned AGA for the State- respondent, learned counsel for the respondent no.2 and perused the entire record. 3. Learned counsel for the appellant submits that the appellant has filed an application under Section 156 (3) Cr.P.C. alleging therein that respondent nos.2 to 5 are land mafia and history sheeter having long criminal history tired to grab his land on the basis of forged agreement deed dated 29.09.2015 and 24.08.2016. Appellant has also make complaint to the police station as well as different authorities for loding the FIR but nothing has been done as yet. He further submits that court below while dismissing the application of the appellant has not applied its judicial mind and dismissed his application in a routine manner merely on the ground that the matter involves the dispute purely of civil nature for which criminal remedy cannot be launched by the applicant without going into the details of the case. 4. Per contra, learned AGA vehemently opposed and has submitted that the dispute is purely commercial in nature but the appellant has tried to give Versus Counsel for Appellant(s) : Virendra Kumar Gupta Counsel for Respondent(s) : Alok Kumar Singh, G.A. Kiran Singh .....Appellant(s) State Of U.P. And 4 Others .....Respondent(s) criminal colour. The court below has rightly rejected the application of the appellant. 5. I have considered the arguments advanced on behalf of the parties and perused the impugned order passed by the court below. I find no irregularity, illegality or jurisdictional error in the order impugned. The appeal lacks merit and is, accordingly, dismissed. October 8, 2025 Ajeet CRLA No. 1843 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad