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2025 DAILYLAW 99131 (ALL)

SURJA DEVI AND 10 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/21584/2025 · 2025-09-22

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21584 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. Vakalatnama of Sri Santosh Kumar Shukla, representing respondent No.3, filed today is taken on record. Heard the counsel for the petitioners, the A.G.A. representing the respondent nos. 1 and 2 and Sri Santosh Kumar Shukla, the counsel for respondent No.3. The parties agree that the petition be disposed of on the basis of documents annexed with the writ petition. The present petition has been filed for the following reliefs:- "i) issue a writ, order or direction in the nature of certiorari call for the records and quashing the impugned FIR dated 26.08.2025 in Case Crime No.415 of 2025, under Sections 318(4), 338, 336(3), 340(2), 352, 351(2) BNS, 2023, P.S. C.B. Ganj, District- Bareilly. ii) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 not to arrest the petitioners in pursuance to the first information report dated 26.08.2025 in Case Crime No.415 of 2025, under Sections 318(4), 338, 336(3), 340(2), 352, 351(2) BNS, 2023, P.S. C.B. Ganj, District- Bareilly" It has been argued by the counsel for the petitioners that the dispute in the present case relates to validity of power of attorney executed in favour of Rajveer Singh and consequently, relates to the validity of different sale- Versus Counsel for Petitioner(s) : Karunesh Narayan Tripathi Counsel for Respondent(s) : G.A. Surja Devi And 10 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) deeds executed by the accused or in favour of the accused. It has been further argued that the dispute is civil in nature and criminal colour has been given only to harass the petitioners. It has been next argued that the first informant has remedy to either file a suit for injunction or a suit for cancellation of the documents acting adverse against her title and thus, the first information report is liable to be quashed. The A.G.A. as well as the counsel for the respondent No.3 has opposed the petition. In the circumstances of the case and after considering the rival arguments of the counsel for the parties, the writ petition is disposed of with a direction that the petitioners shall not be arrested in pursuance to the first information report dated 26.08.2025 in Case Crime No.415 of 2025, under Sections 318(4), 338, 336(3), 340(2), 352, 351(2) BNS, 2023, P.S. C.B. Ganj, District- Bareilly till submission of the police report under Section 193 of BNSS, 2023. September 23, 2025 Prachi CRLP No. 21584 of 2025 2 (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad