Petitioner sought Article 227 intervention to overturn the rejection of his section 156(3) application for an FIR over a property purchased that was already sold, having also filed a cancellation suit. Court found dispute civil in nature and dismissed petition.
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Neutral Citation No. - 2024:AHC:158882
Court No. - 87
Case :- MATTERS UNDER ARTICLE 227 No. - 7825 of 2024
Petitioner :- Jograj Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anil Kumar Bind Counsel for Respondent :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioner, learned counsel for the private respondents, learned AGA for the State and perused the record.
The present petition, under Article 227 of the Constitution of India, has been filed by the petitioner with the following prayers :-
"I. Set aside the impugned order dated 23.04.2024 passed by Additional Session Judge, Court No.7, Farrukhabad in Criminal Revision No.165 of 2023 (Jograj vs. State Of U.P. and others) and impugned order dated 24.08.2023 passed by Judicial Magistrate/Civil Judge (Junior Division) FTC Court No.1, Farrukhabad in Misc. Case No.168/11/2011 (Jograj vs. Laxman and others) under section 156(3) Cr.P.C. at Police Station Amritur District Farrukhabad, (Annexure no. 1 and 2 to this petition).
II. Direct the Judicial Magistrate/Civil Judge (Junior Division) FTC Court No.1, Farrukhabad to exercise his discretionary power and reconsider the application under section 156(3) Cr.P.C. filed by the petitioner as fresh and pass appropriate order and direct the concerning police of Police Station to lodged the First Information Report against the respondent no.2 to 5 in appropriate sections and investigate the matter accordance with law.
III. Issue any other further order or direction which this Hon'ble Court may deem fit and proper in the nature and circumstances of the present case."
It has been submitted by learned counsel for the petitioner that petitioner moved an application under Section 156 (3) Cr.P.C. which was rejected on 24.8.2023 on the ground that the dispute is purely civil in nature and in order to exert unnecessary pressure upon the opposite party, a false criminal case has been launched by the petitioner.
From perusal of the records, it transpires that petitioner purchased a property from the respondent-accused, which was already sold out. The petitioner, without verifying the revenue records, had
purchased the property. It also transpires that the petitioner has already instituted a suit for the cancellation of the sale-deed. As the petitioner has already sought the civil remedy, as provided under the law, therefore, there is no occasion to launch a criminal proceeding against the respondent-accused.
The present petition is devoid of merits and is, accordingly, dismissed .
Order Date :- 27.9.2024 m.a.
Digitally signed by :- MOHAMMAD AYYUB High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner's application under section 156(3) Cr.P.C., earlier rejected as a purely civil dispute, should be reconsidered and an FIR directed against the respondents.
2 provisions across 2 enactments
Jograj
State Of U.P.
Laxman
Nand Prabha Shukla
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
