Bhavesh Kumar Chandra Kant Bhayani and Another vs the State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Bhavesh Kumar Chandra Kant Bhayani and Another vs the State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay: operation of the revisional order dated 1.3.2025 and the summoning order dated 17.2.2024 (Criminal Complaint No.3658 of 2022) stayed till the next date of listing on 20.5.2025; notice to opposite party No.2.

Issue for consideration

Whether the criminal proceedings against the petitioners — the summoning order dated 17.2.2024 in Criminal Complaint No.3658 of 2022 under Sections 323, 504, 427, 468 IPC and the revisional order upholding it — should be stayed, given the court's prima facie view that the underlying dispute over land is civil in nature and the criminal proceedings are a step to force the other party to concede.

Court's answer

Prima facie, the dispute between the parties is a civil dispute and the initiation of criminal proceedings is only a step to force the other party to concede to the claim of opposite party No.2; accordingly, the matter requires consideration.

Ratio / Principle

As an interim measure, till the next date of listing (20.5.2025), the operation of the order dated 1.3.2025 (revisional order) and the summoning order dated 17.2.2024 under Sections 323, 504, 427, 468 IPC passed in Criminal Complaint No.3658 of 2022 shall remain stayed; notice to issue to opposite party No.2.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Alok Mathur, J.) — interim order in an application under Section 528 BNSS (482 Cr.P.C.) by Bhavesh Kumar Chandra Kant Bhayani and another challenging the revisional order dated 1.3.2025 (printed as 1.3.2015 at ¶7) and the summoning order dated 17.2.2024 passed in Criminal Complaint No.3658 of 2022 (Niranjan Shah Vs. Bhavesh Kumar and others) by which they were summoned under Sections 323, 504, 427, 468 IPC by the Additional Chief Judicial Magistrate, Court No.11, Barabanki. The dispute stems from a family partition of 2.4.1970 effected in proceedings under Section 176 of the Z.A. & L.R. Act; opposite party No.2's application to set aside the settlement was rejected on 15.11.2022; an earlier FIR (case crime No.1279 of 2022) and the opposite party's earlier Section 482 Cr.P.C. petition (No.6757 of 2023), in which this Court had stayed proceedings by interim order dated 26.2.2024 observing the dispute to be civil in nature, preceded a Section 156(3) Cr.P.C. application treated as a complaint case that produced the impugned summoning order; a civil suit (Suit No. 353 of 2020) over the same property is pending. Taking a prima facie view that the dispute is civil and the criminal proceedings are a step to force concession, the Court issued notice to opposite party No.2 and stayed the operation of both impugned orders till 20.5.2025.

Court No. - 12

Case :- APPLICATION U/S 482 No. - 3211 of 2025

Applicant :- Bhavesh Kumar Chandra Kant Bhayani And Another Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Lko. And Another

Counsel for Applicant :- Pramod Kumar Shukla Counsel for Opposite Party :- G.A.

Hon'ble Alok Mathur,J.

Heard Sri Pramod Kumar Shukla, learned counsel for the petitioners as well as learned A.G.A. on behalf of the State.

By means of the present petition under Section 528 of BNSS (482 Cr.P.C) the petitioner has assailed the revisional order dated 1.3.2015 as well as summoning order dated 17.2.2024 passed in criminal complaint No.3658 of 2022 wherein the petitioner has been summoned under Sections 323, 504, 427, 468 IPC by Additional Chief Judicial Magistrate, Court No.11, Barabanki.

It has been submitted that the petitioner No.2 and opposite party No.2 are real brothers and a family partition had taken place on 2.4.1970 in proceedings under Section 176 of Z.A. & L.R. Act. After more than 24 years an application for setting aside the settlement was filed by opposite party No.2 before Additional Magistrate Ist, Ayodhya which was rejected on 15.11.2022. Despite the application for recall having been set aside opposite party No.2 forcefully occupied the premises which was partitioned in favour of the petitioner and accordingly a first information report was lodged by the petitioners being case crime No.1279 of 2022 under Sections 352, 447, 504, 506 and 34 of IPC at police station Kotwali, Barabanki. Chief Judicial Magistrate, Barabanki took cognizance against which opposite party No.2 had approached this Court by filing application under Section 482 Cr.P.C. No.6757 of 2023 and this Court by means of an interim order dated 26.2.2024 stayed the proceedings after recording that the dispute is civil in nature and the criminal proceedings have been initiated in gross abuse of the process of the law to put undue pressure on opposite party No.2. After obtaining the interim order opposite parties moved application under Section 156 (3) Cr.P.C. which has been treated as complaint case and summoning order was issued to the petitioner on 17.2.2024. The petitioner had preferred a revision assailing the summoning order which has been rejected by means of order dated 1.3.2025. It is further stated that with regard to the same property a civil suit is pending before Civil Judge (Sr.

Division), Barabanki being Suit No. 353 of 2020 (Baunwan Dileep Kumar Shah and others Vs. Rajendra Kumar Shah).

It is noticed that the basis of the dispute between the petitioners and opposite party No.2 is a piece of land. Accordingly, prima facie it seems that the dispute between the parties is civil dispute and initiation of criminla proceedings is only a step to force the other party to concede to the claim of the opposite party no.2. The matter requires consideration.

Issue notice to opposite party No.2.

List on 20.5.2025.

Till the next date of listing, the operation of the order dated 1.3.2025 and summoning order dated 17.2.2024 under Sections 323, 504, 427, 468 IPC passed in Criminal Complaint No.3658 of 2022 ( Niranjan Shah Vs. Bhavesh Kumar and others ) by Additional Chief Judicial Magistrate, Court No.11, Barabanki, shall remain stayed.

(Alok Mathur, J.)

Order Date :- 18.4.2025 RKM.

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

Procedural history

How this case reached the court

AI extract

Order under challenge
Summoning order dated 17.2.2024 passed in Criminal Complaint No.3658 of 2022 summoning the petitioners under Sections 323, 504, 427, 468 IPC, along with the revisional order rejecting the petitioner's revision against it (dated 1.3.2015 as printed at ¶7; 1.3.2025 as printed at ¶8 and ¶13).¶7
Additional Chief Judicial Magistrate, Court No.11, Barabanki · 17.2.2024 (summoning order); 1.3.2015 / 1.3.2025 (revisional order, as printed)
Prior proceeding
Family partition between petitioner No.2 and opposite party No.2 (real brothers) effected on 2.4.1970 in proceedings under Section 176 of Z.A. & L.R. Act.¶8
Prior proceeding
After more than 24 years, opposite party No.2 filed an application for setting aside the settlement before Additional Magistrate Ist, Ayodhya; it was rejected on 15.11.2022.¶8
Prior proceeding
After opposite party No.2 allegedly forcefully occupied the premises partitioned in favour of the petitioner, the petitioners lodged FIR being case crime No.1279 of 2022 under Sections 352, 447, 504, 506 and 34 IPC at police station Kotwali, Barabanki.¶8
Prior proceeding
Chief Judicial Magistrate, Barabanki took cognizance in the FIR case; opposite party No.2 approached this Court by filing application under Section 482 Cr.P.C. No.6757 of 2023.¶8
Prior proceeding
This Court granted an interim order dated 26.2.2024 staying those proceedings, recording that the dispute is civil in nature and the criminal proceedings were initiated in gross abuse of the process of law to put undue pressure on opposite party No.2.¶8
Prior proceeding
Thereafter the opposite parties moved an application under Section 156(3) Cr.P.C., which was treated as a complaint case, and a summoning order was issued against the petitioner on 17.2.2024.¶8
Prior proceeding
The petitioner preferred a revision assailing the summoning order; the revision was rejected by order dated 1.3.2025.¶8
Prior proceeding
With regard to the same property, a civil suit is pending before Civil Judge (Sr. Division), Barabanki — Suit No. 353 of 2020 (Baunwan Dileep Kumar Shah and others Vs. Rajendra Kumar Shah).¶9