The High Court dismissed a petition under Article 227 challenging orders rejecting an application under Section 156(3) Cr.P.C. regarding a property sale deed dispute, holding the matter is civil in nature and criminal proceedings are not justified.
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Neutral Citation No. - 2024:AHC:113079
Court No. - 87
Case :- MATTERS UNDER ARTICLE 227 No. - 1309 of 2024 Petitioner :- Arjun Singh Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Raja Ram Kushwaha Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
The present petition under Article 227 of the Constitution of India has been filed with a prayer to issue an order or direction and set aside the judgment and order dated 09.01.2024 passed by the Session Judge in Criminal Revision No.58 of 2023 and the order dated 10.08.2023 passed by the Chief Judicial Magistrate, Hamirpur in Criminal Misc. Case No.1180 of 2023 and to allow the application under Section 156(3) Cr.P.C. of the petitioner.
It is submitted by the learned counsel for the petitioner that an application under Section 156(3) Cr.P.C. was moved by the petitioner but the same was rejected vide order dated 10.08.2023. After that against the said order rejecting the application under Section 156(3) Cr.P.C. the petitioner preferred a criminal revision, which had also been dismissed by the Sessions Judge, Hamirpur vide order dated 09.01.2024. It is further submitted that the petitioner had initially purchased a property from Baldev Singh but his name could not be mutated in the revenue records. However, Baldev Singh again sold out the said property in favour of Bhuvan Pratap Singh. Therefore, an FIR has been registered.
Per contra, learned A.G.A. for the State has vehemently opposed the said prayer and has submitted that the petitioner himself has admitted that a civil suit has been preferred by him for the cancellation of the sale deed.
More or less the dispute is civil in nature, therefore, the criminal proceedings is bad in law in the light of judgment of the Apex Court passed in Indian Oil Corporation v. NEPC India Ltd. (2006) 6 SCC 736.
Considering the facts and circumstances of the case, we do not find any merit in the matter.
Accordingly, the writ petition is dismissed .
Order Date :- 15.7.2024 Radhika
Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether criminal proceedings are maintainable for a dispute that is essentially civil in nature?
Whether the High Court should interfere with lower court orders rejecting an application under Section 156(3) Cr.P.C.?
Colour shows how this judgement treated each authority
Indian Oil Corporation v. NEPC India Ltd.Referred¶8
Indian Oil Corporation v. NEPC India Ltd. (2006) 6 SCC 736 · Who else cites this
2 provisions across 2 enactments
Arjun Singh
State Of Up
Others
Nand Prabha Shukla
Radhika Vishwakarma
As recorded by the court registry
2 orders share this CNR
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