Habeeb Ahamad and Others v. State of U.P. Thru. the Prin. Secy. Home Lko and Others

Allahabad HC27 Aug 2024CRLP/5606/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of an FIR filed after civil proceedings under Section 122-C(6) of the U.P.Z.A. & L.R. Act had conclusively determined property rights in the petitioners' favour. Court found lodging of FIR prima facie an abuse of process, sought counter affidavits and stayed petitioners' arrest.

What did the court decide?

Arrest of petitioners pursuant to warrant dated 18.09.2024 and the impugned FIR No. 0198 of 2022 stayed until further orders; State and opposite party no.5 to file counter affidavits within three week

Habeeb Ahamad and Others vs State of U.P. Thru. the Prin… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5606 of 2024

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Petitioner :- Habeeb Ahamad And Others

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Respondent :- State Of U.P. Thru. The Prin. Secy. Home Lko And Others

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Counsel for Petitioner :- Verender Kumar Tiwari,Vinayak Tiwari

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Counsel for Respondent :- G.A.,Prabhakar Srivastava

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Hon'ble Attau Rahman Masoodi,J. Hon'ble Narendra Kumar Johari,J.

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Affidavit filed by the learned A.G.A. is taken on record.

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Heard learned counsel for the petitioners and learned A.G.A. for the State.

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By means of the instant writ petition, the petitioners pray for quashing of the impugned F.I.R. No. 0198 of 2022, under Sections 419, 420, 406, 467, 468, 471, 34, 323, 504, 506, 392 I.P.C., Police Station Utraula, District-Balrmpur, contained in Annexure - 1 to the writ petition.

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Admittedly, civil proceedings between the parties including the State appear to have taken place under Section 122-C (6) of U.P.Z.A. & L.R. Act and a decision was rendered in favour of the petitioners by the competent authority. The said decision on the revision being filed was affirmed and thereafter finality to the issue was attained when the decision passed by the revisional authority came to be upheld by this Court in Writ-C No.4326 of 2024. The aforementioned writ petition was decided on 15.05.2024. In view of this, the civil rights of the parties stand determined.

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After the whole process of civil litigation having been taken place, an F.I.R. was registered with respect to the same subject

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matter in the year 2022, pursuant to which the investigation is going-on at the instance of opposite party No.5, who has no individual interest in the property in question. Previous complainant having no individual rights had also likewise initiated the proceedings under section 122-C(6) of U.P.Z.A & L.R. Act and it is in the same background that a third party has now attempted to lodge an F.I.R under challenge.

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We take note of the fact that the petitioners have duly contested the civil litigation with respect to the subject matter of site upon which Aavasiye Patta (residential lease) was granted in their favour and are stated to have constructed their house. Once the civil proceedings are open to any party having locus, the question of lodging the F.I.R. prima facie appears to be an abuse of the process of law.

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The matter requires consideration.

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Let a counter affidavit be filed by the State as well as by opposite party no.5 within three weeks.

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Two weeks' time thereafter shall be available to the learned counsel for the petitioners to file rejoinder affidavit.

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List immediately thereafter.

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Until further orders of this Court, the arrest of the petitioners in furtherance of warrant of arrest issued by the learned Magistrate on 18.09.2024 read with the impugned F.I.R. No. 0198 of 2022, under Sections 419, 420, 406, 467, 468, 471, 34, 323, 504, 506, 392 I.P.C., Police Station Utraula, District-Balrmpur shall remain stayed.

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[Narendra Kumar Johari, J.] [Attau Rahman Masoodi, J.]

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Order Date :- 24.9.2024 akhilesh/-

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

Habeeb Ahamad and Others v. State of U.P. Thru. the Prin. Secy. Home Lko and Others

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Habeeb Ahamad and Others v. State of U.P. Thru. the Prin. Secy. Home Lko and Others

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