HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4578 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. By means of this revision, the revisionist has challenged the order dated 31.7.2024 passed by Civil Judge (J.D.) / Judicial Magistrate, Chhatta, Mathura in Complaint Case No. 265 of 2022; Mahendra Singh Versus Iliyas Qureshi and others, by which opposite party no. 2 has been summoned under Section 420 IPC. 2. Heard learned counsel for revisionist and learned counsel for opposite party nos. 1 and 2. 3. The grievance of the revisionist is that not only opposite party no. 2, but opposite party no. 1 also, ought to have been summoned, not only under Section 420, but also under Sections 467, 468, 471 and 120-B IPC. 4. It is the case of the revisionist that not only opposite party no. 2, but also opposite party no. 1 is equally responsible who was in collusion with opposite party no 2, while executing the sale-deed of the property in question. He has further submitted that the purchaser and seller of the property both were having knowledge of the fact that the property is a disputed property, wherein, the question of title is involved and the same is the subject matter of civil litigation and the same cannot be adjudicated upon in the revision. 5. Learned counsel for the revisionist further submitted that initially an Versus Counsel for Revisionist(s) : Avneesh Tripathi, Raghwendra Prasad Mishra Counsel for Opposite Party(s) : Dhirendra Kumar Agrahari, G.A., Gaurav Singh, Mohd Kamil, Pratiksha Pandey, Rajesh Pachauri Tarun .....Revisionist(s) Iliyas Kureshi And Another .....Opposite Party(s) application under Section 156 (3) CrPC was filed, wherein, the first information report was lodged against opposite party nos. 1 and 2, however, the police submitted final report and against the said final report, revisionist filed a protest petition and on consideration of protest petition, order dated 27.10.2022 has been passed by learned Civil Judge / J. M., Chhatta, Mathura. On filing of the protest petition, at least two witnesses were examined, i. e. the complainant himself under Section 200 CrPC and another witness, namely, PW 1 Tarun, who in his statement recorded under Section 202 CrPC has stated that his late father has purchased the said land in the year, 2008 and he was the legal owner and title holder of the said property in question. However, opposite party nos. 1 and 2 in collusion between them, have exchanged the property by way of sale-deed dated 11.1.2021. 6. On the other hand, opposite party nos. 1 and 2 states that the sale-deed dated 11.1.2021 is the subject matter of civil litigation and appeal filed against the said order dated 11.1.2021 has been dismissed by the Civil Judge, J. D., Chhatta, Mathura vide order dated 27.10.2023 and the said order dated 27.10.2023 has yet not been challenged to his knowledge. 7. Having gone through the contents of revision and other material on record and the arguments of learned counsel for revisionist, the order dated 31.7.2025 passed by Civil Judge / J. M., Chhatta, Mathura in Complaint Case No. 2265 of 2022, wherein, opposite party no. 2 has been summoned under Section 420 IPC but opposite party no. 1 has been left out, since Kamlesh opposite party no. 2 was not alone in the entire transaction and opposite party no. 2 was also involved to some extent, therefore, it cannot be believed and found that a single person has committed an act of cheating, whereas opposite party no. 2 was the purchaser and opposite party no. 2 was the seller of the said property. It is also matter of record that the parties are ad litem in the civil proceedings, which is likely to reach some finality. However, at this stage the orders summoning opposite party no. 2 by the magistrate / Civil Judge is liable to be modified, that the role of opposite party no. 2 cannot be left out. Hence it is directed that the Civil Judge / J. M. Chhatta shall consider the involvement or collusion of opposite party nos. 1and 2 both in the matter and pass fresh order. CRLR No. 4578 of 2024 2 8. The revision is disposed of. September 11, 2025 HR CRLR No. 4578 of 2024 3 (Harvir Singh,J.) Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad