Harish Chandra Pal and Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home U.P. Govt. Civil Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8111 of 2023 Petitioner :- Harish Chandra Pal And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Govt. Civil Sectt. Lko And Others Counsel for Petitioner :- Manvendra Singh,Bhupendra Prakash,Dinesh Kumar Pal,Mukhtar Ahamad,Sanjay Kumar Misra Counsel for Respondent :- G.A.,Anand Pratap Singh Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

¶1Heard learned counsel for the petitioners, learned A.G.A. who appears on behalf of the State Respondents and Sri Amrendra Nath Tripathi, Advocate who has filed his vakalatnama on behalf of the opposite party no. 3, which is taken on record.

¶2This petition has been filed with the following main prayers:- "A. Issue a writ of certiorari or a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated

23.08.2023 registered at Case Crime No. 0257 of 2023 under sections 419, 420, 467, 468, 471, 323, 504 & 506 of I.P.C., P.S. Wazirganj, District Lucknow, West (Commissionerate Lucknow) as contained in Annexure no.1 to the writ petition, so far it relates to the petitioner. B. Issue a writ of mandamus or a writ, order or direction in the nature of mandamus commanding and directing the opposite parties not to arrest the petitioners or adopt any coercive proceeding/method against the petitioners in pursuant to the F.I.R. dated 23.08.2023 as contained in Annexure no.1 to the writ petition."

¶3Learned A.G.A. for the State Respondents has produced before this Court written instructions sent by the Sub-Inspector of Police, Police Station-Wazirganj, Police Commissionerate-Lucknow, which is taken on record.

¶4It has been submitted by learned counsel for the petitioners that the petitioners had two Power of Attorneys of the sole land of which sale consideration has been transferred to their parents account.

¶5From the instructions, F.I.R. and the arguments raised by Sri Amrendra Nath Tripathi, it transpires that regular formal partition in Revenue Suit No. 4294 of 2016 by an order of the SDM dated 08.09.2017 had been effected between three of the co-sharers of property situated at Village-Lonapur, Pargana, Tehsil & District -Lucknow. The petitioner no. 4 was a Power of Attorney holder of Anwar Ahmad Khan, the father of the informant and he had sold off more than his share of the property. Such transaction was undertaken after forging documents.

¶6This Court finds no good ground to show interference in the impugned F.I.R.

¶7The writ petition stands dismissed. Order Date :- 18.10.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench