Petitioner sought direction under Article 227 to set aside orders rejecting his application to direct registration of FIR over a sale deed dispute; both the Magistrate and Sessions Judge had refused. The court found the dispute civil in nature, advised a civil suit for cancellation of the deed, and dismissed the petition.
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Neutral Citation No. - 2024:AHC:113406
Court No. - 87
Case :- MATTERS UNDER ARTICLE 227 No. - 1687 of 2024
Petitioner :- Munna Maddheshiya Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Chandra Prakash Misra,Prakash Sharma
Counsel for Respondent :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioner, learned AGA for the State and perused the record.
The present writ petition under Article 227 of the Constitution of India has been filed by the petitioner with the following prayers:
"(i) Issue direction call for record of the Court and set aside the order dated 15.7.2023 passed by Civil Judge (S.D.)/C.J.M. Kasya Kushinagar in Complaint Case No.1999 of 2023 (Munna Maddheshiya v. Hariom & others), and order dated 30.11.2023 passed by Session Judge, Kushinagar at Padrauna in Revision No.130 of 2023 (Munna Maddheshiya v. State of U.p. & others), and allow the presetn petition with cost through for the ends of Justice (Annexure Nos.3 & 5).
(ii) Issue any other order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.
(iii) Award the costs of this petition to the petitioner."
It has been submitted by learned counsel for the petitioner that an Application under Section 156(3) was moved by the petitioner, the same was rejected even the revision filed against the said order, the revision has also been rejected. It is further submitted that no FIR has been registered in the instant case.
From the perusal of the record, it appears that the dispute is civil in nature. The sale deed was executed before the Registrar and the sale deed has also been paid to the petitioner. As the dispute is civil in nature, the petitioner has got an alternative remedy to file a civil suit for cancellation of sale deed.
The present petition is devoid of merits and is accordingly dismissed .
Order Date :- 16.7.2024 A.N. Mishra
Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should set aside rejection of petitioner's Section 156(3) application and the revision against it, given a dispute over a sale deed.
2 provisions across 2 enactments
Munna Maddheshiya
State of UP
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
