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Neutral Citation No. - 2025:AHC:121572 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 3486 of 2025 Petitioner :- Nand Kishor Sharma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Harish Kumar Yadav,Krishna Gopal Yadav Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for petitioner, learned AGA for the State and perused the record. The instant petition under Article 227 of the Constitution of India has been filed seeking the following reliefs:-
"(i) set aside the impugned judgment and order dated 25.01.2024 passed by the learned Chief Judicial Magistrate, Jhansi passed in Criminal Complaint Case No. 968 of 2021, C.N.R. No.UPJS04001405-2021 (Nand Kishor Sharma Versus Rakesh Kumar Rai and others) (Annexure No.11) and also be pleased to quash/set-aside the impugned judgment and order dated 23.12.2024 passed by the learned Sessions Judge, Jhansi in Criminal Revision No.73/2024, C.N.R.No.UPJS01-001943-2024 (Nand Kishor Sharma Versus Rakesh Kumar Rai and others) (Annexure No.13 to this petition) so that justice may be done." It has been submitted by learned counsel for the petitioner that the petitioner had moved an application under Section 156(3) of Cr.P.C., which was treated as a complaint case and after recording the statement of the complainant and the witnesses on oath under Section 200 and 202 Cr.P.C., the complaint was rejected under Section 203 Cr.P.C. Being aggrieved by the said order, the petitioner has filed a revision, which has also been dismissed. The main submission of learned counsel for the petitioner that on 01.07.2016, the petitioner gave two shops on rent to Arvind and Sateesh Chandra. Subsequently, the said tenants executed a sale deed dated 14.11.2018 in favour of Smt. Prabha Rai/respondent No.3 despite the petitioner being the real owner of the said property. The petitioner challenged the said sale deed by instituting a civil suit before the Civil Judge (Senior Division), being Original Suit No. 130 of 2022 (Nand Kishor Sharma and another v. Smt. Prabha Rai and others), which is still pending decision. Apart from the above, the petitioner has filed a tenancy suit against respondent No. 3, Smt. Prabha Rai. It is an admitted case of the petitioner that the alleged tenants namely Arvind S/o Jyoti Prasad and Sateesh Chandra S/o Jyoti Prasad are no more. Now, the petitioner wants to proceed against the legal heirs of the deceased tenants.
It is trite that criminal liability is personal and cannot be inherited. It does not extend to the legal heirs. As the alleged tenants are no more, there is no occasion to proceed against their sons. Accordingly, this court does not find any illegality in the order impugned. No interference is required and the writ petition is dismissed. Order Date :- 24.7.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad