Neutral Citation No. - 2025:AHC:125074-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 14944 of 2025 Petitioner :- Rajneesh Kumar Sharma Adopted Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinod Shankar Tripathi Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. This writ petition has been filed with the following prayers: "(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 and respondent no. 3 to comply the order dated 20.03.2025 (Annexure no. 6 to the writ petition) passed by this Hon'ble Court and also punish the respondent no. 2 and 3 i.e. Superintendent of Police District Bijnor and Station House Officer, Police Station Noorpur, District Bijnor for not comply the order dated 20.03.2025 passed by this Hon'ble Court. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to lodged an First Information Report against the respondent no. 4 and 5 at police station - Noorpur, District - Bijnor. (iii) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to take a necessary action upon the application dated 04.04.2025 (Annexure No. 7 to the writ petition)." 2. When the private respondent no. 5 was selling away the land of the petitioner then the petitioner filed a civil suit for the cancellation of the sale deed. This suit was numbered as Original Suit No. 878 of 2021. 3. We find from the record that the private respondent had also filed a written statement in the said suit, and the suit was, therefore proceeding. However, in the meantime considering that the right of the petitioner was being infringed by certain fictitious documents having been executed by the respondent no. 5, the petitioner filed an application before the Superintendent of Police, Bijnor on 06.02.2025. When this application was not being considered, the petitioner again filed Criminal Misc. Writ Petition No. 7810 of 2025, in which the Court on 20.03.2025 had directed the Superintendent of Police to look into the matter. When, as per the petitioner, no definite action was taken by the police, the petitioner had filed the instant writ petition again for a direction that the order dated 20.03.2025 be complied with. 4. Learned AGA for the State has produced the instructions and informed that the petitioner had also filed an application under Section 156(3) Cr.P.C. on 27.07.2022 which was treated as a complaint and when the petitioner did not file any evidence before the learned trial court, the complaint was rejected. 5. Learned counsel for the petitioner has relied upon a judgment of the Hon'ble Supreme Court in the case of Kathyayini Vs. Sidharth P.S. Reddy & others, decided on 14.07.2025 which has held that during the pendency of a civil suit if the offences punishable under the criminal law are made out then the proceeding under the criminal law would continue. 6. After having heard the learned counsel for the petitioner and learned AGA for the State, in the instant case, we find that the petitioner had already approached the criminal court by means of a complaint before the court, where infact no evidence was produced by the petitioner. After having once knocked the doors of the criminal court, the petitioner cannot now file another application before the Superintendent of Police. The petitioner of course had also filed a civil suit. We, therefore, hold that no interference is warranted. The writ petition is accordingly dismissed. Order Date :- 29.7.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad