Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 73301 (ALL)

SMT NAUNEET KAUR v. STATE OF UP AND 5 OTHERS

A227/6859/2025 · 2025-07-31

Nand Prabha Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:129288 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 6859 of 2025 Petitioner :- Smt Nauneet Kaur Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Vivek Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. The present petition under Article 227 of the Constitution of India has been filed seeking the following relief: "(i) set aside the judgment and order dated 28.04.2025 passed by Additional Sessions Judge, Court No.1, Rampur in Criminal Revision No. 252 of 2024 (Smt. Navneet Kaur Vs. State of U.P. and others) as well as order dated 07.06.2024 passed by Chief Judicial Magistrate, Rampur in Misc. Case No. 224 of 2024 (Smt. Navneet Kaur Vs. Nazruddin and others) under Section 156(3) Cr.P.C., Police Station-Tanda, District-Rampur (Annexure No. 1 to this petition). (ii) direct the Court concerned to pass a fresh order directing the Station House Officer, Police Station-Tanda, District-Rampur to register the First Information Report against the respondent Nos. 2, 3, 4, 5 and 6 and investigate the matter in accordance with law. (iii) issue any suitable order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstance of the case. (iv) award the cost of the petition." It has been submitted by learned counsel for the petitioner that the petitioner moved an application under Section 156(3) Cr.P.C. which was ordered to be treated as a complaint case by the learned Chief Judicial Magistrate, Rampur vide order dated 07.06.2024. Aggrieved by the said order, the petitioner preferred criminal revision which was also dismissed. The main submission of learned counsel for the petitioner is that the learned court below without application of mind and without recording the reasons has passed the order impugned in a cursory and mechanical manner on the ground that the facts were within the knowledge of the petitioner, therefore, there was no need for alleging of the FIR. It has also been submitted that the respondent no. 2, Nazruddin in connivance with respondent no. 6, who belongs to Punjab, had sold the property purchased by the petitioner through impersonation. It has been emphasised that the respondent no. 6 is a part of some racket involved in committing such forgery through impersonation, therefore, the matter needs to be investigated by the police. Accordingly, considering the aforesaid facts and circumstances of the case as well as in light of the observations made in Lalita Kumari Vs. Government of Uttar Pradesh and another reported in 2014 (2) SCC 1, the order dated 28.04.2025 passed by Additional Sessions Judge, Court No.1, Rampur in Criminal Revision No. 252 of 2024 as well as order dated 07.06.2024 passed by Chief Judicial Magistrate, Rampur in Misc. Case No. 224 of 2024 under Section 156(3) Cr.P.C., Police Station-Tanda, District-Rampur are hereby set aside and the matter is remitted back to the court concerned to pass a fresh order for lodging of the First Information report after giving opportunity of hearing to both the parties and subject to their cooperation if, there is no other legal impediment. With the aforesaid directions, the writ petition is allowed. Order Date :- 1.8.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad