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2025 DAILYLAW 80945 (ALL)

VEENA DEVI AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/17118/2025 · 2025-08-05

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf, Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132555-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17118 of 2025 Petitioner :- Veena Devi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jai Prakash Singh Counsel for Respondent :- Arvind Kumar Srivastava,G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J. 1. Heard the counsel for the petitioner, Sri Arvind Kumar Srivastava for respondent No.4 and the A.G.A. for the State. 2. The present petition has been filed challenging the First Information Report dated 27.06.2025 registered as Case Crime No. 0500 of 2025, under sections 318(4), 338, 336(3), 340(2), 61(2), 352, 351(2) Bharatiya Nyaya Sanhita (B.N.S.), Police Station- Powayan, District- Shahjahanpur. 3. The allegation in the first information report is that the petitioner No.1 has produced a forged will deed of the husband of respondent No.4 in the court of Deputy District Magistrate in proceedings regarding the plots of which the husband of the respondent No.4 was the owner. The petitioner No.2 and 3 are the attesting witnesses of the aforesaid will. It has been stated in the first information report that the will is forged document and no such will was executed by the husband of the respondent No.4. The respondent No.4 is the informant. 4. It has been further argued by counsel for the petitioners that the dispute between the parties relates to genuineness of a will allegedly executed by the son of petitioner No.1 who was also husband of the respondent No.4. It has been argued that the dispute is civil in nature and the first information report has been registered with malafide reasons to pressurize the petitioners. It was argued that for the said reason, the first information report is liable to be quashed. 5. Sri Arvind Kumar Srivastava learned counsel for the respondent No.4 and the AGA representing respondent Nos.2 & 3 have opposed the petition. 6. We have considered the rival submissions of the counsel for the parties. 7. It would serve no useful purpose to keep the writ petition pending and with the consent of the parties, the petition is disposed of on the arguments advanced by the learned counsel for the parties. 8. In view of the above, the writ petition is disposed of with a direction that the petitioners shall not be arrested in pursuance to the First Information Report dated 27.06.2025 registered as Case Crime No. 0500 of 2025, under sections 318(4), 338, 336(3), 340(2), 61(2), 352, 351(2) Bharatiya Nyaya Sanhita (B.N.S.), Police Station- Powayan, District- Shahjahanpur, till the submission of police report, under Section 193(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Order Date :- 6.8.2025 Himanshu Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad