Disposed

Shamshad Khan v. State of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko. and Others

Allahabad HC3 May 2024CRLP/3183/2024

Case brief

AI extract

What is this about?

Writ petition challenging arrest warrant and seeking quashing of FIR in a land dispute. Court held matter is essentially civil and is essential identity of petitioner to be determined. Stayed arrest pending counter affidavit and police report.

What did the court decide?

Arrest of petitioner stayed subject to cooperation with investigation; counter affidavit required within four weeks.

Shamshad Khan vs State of U.P. Thru. Prin. Secy. Deptt… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3183 of 2024

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Petitioner :- Shamshad Khan

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Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko. And Others Counsel for Petitioner :- Shyam Bahadur Counsel for Respondent :- G.A.

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Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J.

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Vakalatnama filed by Shri Anil Kumar Mishra, Advocate on behalf of the opposite party no.4 today is taken on record.

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Heard learned counsel for the petitioner, learned A.G.A. for the State and Shri Anil Kumar Mishra, learned counsel for the opposite party no.4.

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The writ petition has been filed by the petitioner with the following main prayers :

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"(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned First Information Report dated 18.04.2024 lodged by the opposite party no.4 bearing F.I.R. No.0058 of 2024, under Sections 419, 420, 467, 468 and 471 of I.P.C., Police Station Kamrauli, District Amethi.

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(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to arrest the petitioner in respect of impugned First Information Report No.0058 of 2024, under Sections 419, 420, 467, 468 and 471 of I.P.C., Police Station Kamrauli, District Amethi in the interest of justice."

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Gata Nos.1029 Ka and 1394 D measuring 0.2780 hectares were recorded in the name of one Shamshad Ali S/o Iliyas and khatauni to this effect pertaining to the year 1427-1432 Fasli is placed on record as Annexure No.4 to the writ petition.

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It is stated that Shamshad Ali died in the year 1985. However, the land recorded in his name was not mutated in the name of opposite party no.4. The mutation was ordered by order dated 05.04.2023 and that is how the opposite party no.4 and his sister, Smt. Sagiru Nisha came to be recorded in the revenue record. The mutation order passed by the competent authority became a matter of objection at the instance of the present petitioner. The petitioner, who is named Shamshad Khan claims to be Shamsad Ali S/o Aliyas Khan alias Ismail.

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It is on this premise that the petitioner has filed objections before the revenue Court in the mutation proceedings and stay order has come to be passed by the Court concerned/Tehsildar.

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In nutshell, it is identity of the present petitioner which is to be determined for the purposes of claiming rights in the immoveable property i.e. land mentioned above. No such proceedings have been taken up by the petitioner except filing the objections in mutation proceedings which are summary in nature and are not decisive of identity of a person.

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The F.I.R. has come to be lodged that the petitioner having tampered with his parentage in the relevant records is now bent upon to usurp the land belonging to the opposite party no.4.

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We fail to understand as to why the name of opposite party no.4 was not recorded in the revenue record once the death of her father took place in the year 1985.

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The matter is essentially a civil dispute which can be gone into by the competent civil court. The criminal proceedings regarding such an issue prima facie would not lie unless the investigation discovers some tangible material on the basis of which the offences can be said to have been made out.

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In these circumstances, let a counter affidavit be filed within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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List thereafter.

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Till the next date of listing or till the submission of the police report under Section 173 (2) Cr.P.C., if any, before the Competent Court, whichever is earlier, the arrest of the petitioner, in pursuance of F.I.R., shall remain stayed of course subject to the restraint that the petitioner shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

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(A. K. Srivastava-I,J.) (A. R. Masoodi,J.)

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Order Date :- 3.5.2024 Mahesh

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Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Shamshad Khan v. State of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko. and Others

Case brief

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Shamshad Khan v. State of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko. and Others

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