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2025 DAILYLAW 82545 (ALL)

SANJAY DAYA RAM KANAUJIA v. STATE OF U.P. AND 2 OTHERS

A227/8542/2025 · 2025-08-20

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144267 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 8542 of 2025 Petitioner :- Sanjay Daya Ram Kanaujia Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Kumar Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Supplementary affidavit filed today in Court is taken on record. Heard learned counsel for the 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 relief:- "i. to set aside the impugned judgment and order dated 14.05.2025 passed by Additional Session Judge Court No. 14 Kanpur Nagar in Criminal Revision No. 678 of 2024 CNR UPKN010132012024 Sanjay Daya Ram Kanaujia Vs. State of U.P. and others and judgment and order dated 26.09.2024 passed by Additional Civil Judge 26.09.2024 passed by Additional Civil Judge (J.D.) Court No. 8 Kanpur Nagar in Application No. 8 Kanpur Nagar in Application No. 1401 of 2024 Sanjay Daya Ram Kanaujia and others U/s 156(3) Cr.P.C. P.S. Chakeri Kanpur Nagar (Annexure-1 and Annexure-2) to this petition." 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. 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 from the allegations, cognizable offence has been made out as the petitioner was at his job in Kuwait and three sale deeds were executed on his behalf by an imposter on 16.06.2020, 06.07.2021 and 07.07.202. The said sale deeds do not bear his signatures or thumb impression and the respondent-accused in connivance with others had executed the forged sale deed on behalf of the petitioner which requires investigation. From the submission of learned counsel for the petitioner as well as perusal of the record it transpires that the cognizable offence is made out and matter needs to be investigated. Accordingly, the orders dated 26.09.2024 and 14.05.2025 are hereby set aside and the matter is remitted back to the court concerned to reconsider and pass a fresh order in the light of the judgement of the Hon'ble Apex Court in Lalita Kumari vs. Government of Uttar Pradesh and Others, (2014) 1 SCC (Cri) 524. With the aforesaid observations, the instant petition is allowed. Order Date :- 21.8.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad