Allahabad High Court
Santosh Shankar Ray And Another vs State Of U.P. And 3 Others on 22 April, 2024
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:70002-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 7183 of 2022 Petitioner :- Santosh Shankar Ray And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Dubey,Sanjeev Kumar Yadav,Santosh Kumar Singh,Syed Wajid Ali Counsel for Respondent :- G.A.,Kushagra Singh,Prakash Chandra Srivastava,Satya Dheer Singh Jadaun Hon'ble Siddharth,J.
Hon'ble Surendra Singh-I,J.
1. List revised.
2. Heard Sri Deepak Dubey, learned counsel for the petitioners and learned A.G.A. for the State.
3. On 29.06.2022, following interim order was passed :-
"Heard learned counsel for the petitioners and learned counsel for the State.
By way of this petition, the accused-petitioners pray for quashing the impugned FIR dated 31.05.2022 registered as Case Crime No. 218 of 2022 under Sections 147, 148, 149, 323, 307, 427, 506 I.P.C. and 7 Criminal Law Amendment Act, Police Station-Ramgarh Taal, District-Gorakhpur (Annexure No. 1).
Learned counsel for the petitioners has submitted that petitioners are owners of plot no. H.I.G.-II 73 duly purchased from the Gorakhpur Development Authority (GDA). He complained that the neighbor (complainant) of the petitioners have demolished the boundary walls of the plot no. H.I.G. II-73. The dispute interse parties is primarily a boundary dispute. Learned counsel for the petitioners has drawn the attention to the several orders of this Court including the injunction order restraining the complainant from interfering in the peaceful possession, thereafter, contempt proceedings was initiated, wherein the Gorakhpur Development Authority furnished an undertaking before this Court on 26.05.2022 that officials will not interfere in the peaceful possession of the petitioners, it is thereafter on 31.05.2022 the present FIR was lodged with malicious intention. It is urged that it is a case of false prosecution.
Matter requires consideration.
Notice on behalf of respondent nos. 1 to 3 has been accepted by learned Standing Counsel.
Issue notice to respondent no.4 returnable at an early date.
Steps be taken immediately.
All the respondents may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
Put up on 18.07.2022, as fresh.
In the meantime, learned A.G.A. to seek instructions as to whether there is any injury report.
Till the next date of listing, petitioner shall not be arrested pursuant to the aforesaid case crime."
4. After hearing rival contentions, this Court is of the view that dispute between the parties is of civil nature and it has been turned into a criminal case on account of ulterior motive.
5. The impugned F.I.R. dated 31.05.2022 registered as Case Crime No. 218 of 2022 u/s 147, 148, 149, 323, 307, 427, 506 I.P.C. and 7 of Criminal Law Amendment Act, Police Station- Ramgarh Tal, District- Gorakhpur, is hereby quashed.
6. Accordingly, the writ petition is allowed.
Order Date :- 22.4.2024 KS (Surendra Singh-I,J.)(Siddharth,J.)