Allahabad High Court
Bihari Lal vs State Of U.P. Thru Prin. Secretary, ... on 8 March, 2021
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 5516 of 2021 Petitioner :- Bihari Lal Respondent :- State Of U.P. Thru Prin. Secretary, Home, Lko. & Ors. Counsel for Petitioner :- Dilip Kumar,Pankaj Kumar Verma Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J.
Hon'ble Alok Mathur,J.
Heard learned counsel for the petitioner and learned AGA for the State.
By means of this writ petition, the petitioner has assailed the FIR registered against him under Section 147, 419, 420, 467, 468, 471, 506 IPC and Section 3(2)(Va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Amended Act 2015) at Police Station Khadaura, Tehsil Malihabad, District Lucknow.
It is submitted that the petitioner is a subsequent purchaser and has purchased the land in dispute from one Santram whose name was already entered into the revenue record. This position is evident from the Khatauni of relevant year i.e. 1419-1424 Fasli.
The FIR on a plain reading, does not indicate as to how the subsequent transaction entered into by the petitioner was carried out by indulging into any kind of forgery or preparation of any document by committing forgery as such.
The nature of cause essentially is 'civil' for which the aggrieved person has a civil remedy available under law.
The case of the petitioner is not situated on the similar footing as that of Santram who had entered into the previous transaction. The bona fide of the petitioner in the purchase of land, prima facie, cannot be doubted.
In these circumstances, it is provided that the police authorities may not take any coercive measures against the petitioner pursuant to the FIR under challenge till the next date of listing, subject to his cooperation in the investigation.
Issue notice to opposite party no. 4.
Learned AGA may file counter affidavit in the meantime.
List in the week commencing 19.4.2021.
Order Date :- 8.3.2021 Fahim/-