Khizar Alam v. State of U.P. and 2 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17166 of 2023 Petitioner :- Khizar Alam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- A.Z.Khan Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. for the State.

¶2The instant writ petition seeks quashing of the FIR dated

16.10.2023 giving rise to Case Crime No.326 of 2023, under Sections 420, 447, 323, 504 I.P.C., Police Station-Kotwali Mandi, District-Saharanpur.

¶3The contention of learned counsel for the petitioner is that there exists a civil dispute between the parties. The petitioner-accused has filed a suit for injunction against his father that he should not be dispossessed from the house they are residing in, except in accordance with law.

¶4On a query by the Court, learned counsel for the petitioner could not deny that the house in which the parties are residing is the house of the informant. The FIR further alleges that the accused, the son of the informant has dispossessed him from the business started and run by the informant. There are also allegations of maltreatment of the informant at the hands of the petitioner.

¶5Prima-facie, the civil suit filed by the petitioner is not maintainable because no person can protect his possessory title against the true owner.

¶6Under the circumstances, in our considered opinion, no equity lies in favour of the petitioner. It is settled law in equity jurisdiction the Court can refuse to interfere where such interference would amount to perpetuating an illegality.

¶7Under the circumstances, the writ petition is dismissed. Order Date :- 2.11.2023 Mayank High Court of Judicature at Allahabad