Shabbir Ahmad and 4 Others vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Shabbir Ahmad and 4 Others vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: notice issued to opposite party no.2, case listed on 21.05.2025, and till the next date of listing no coercive action shall be taken against the petitioners in pursuance of the summoning order dated 23.10.2023; final determination of the application deferred.

Issue for consideration

Whether the summoning order dated 23.10.2023 passed by the Additional Chief Judicial Magistrate, Lucknow in Case No. 436 of 2021 should be interfered with, the dispute being essentially civil in nature concerning non-execution of a sale deed despite payment of consideration, with a parallel civil suit for permanent injunction already pending.

Court's answer

Prima facie the dispute is of a civil nature: despite giving consideration for sale of the land, the sale deed has not been executed, and the complainant has accordingly filed a suit for permanent injunction.

Ratio / Principle

Till the next date of listing (21.05.2025), no coercive action shall be taken against the petitioners in pursuance of the order dated 23.10.2023 passed by the Additional Chief Judicial Magistrate, Lucknow in Case No. 436 of 2021.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Alok Mathur, J. — Application under Section 482 Cr.P.C. (now Section 528 BNSS) No. 3336 of 2025 by Shabbir Ahmad and 4 others challenging the summoning order dated 23.10.2023 passed by the Additional Chief Judicial Magistrate, Lucknow in Case No. 436 of 2021. The complaint by private respondent no.2 alleged purchase of land at Baravan Kala, Thakurganj in 2008 under a registered agreement for Rs.26,00,000/- with possession delivered, and refusal by the petitioners to execute the sale deed despite payment of sale consideration; statements under Sections 200 and 202 Cr.P.C. were recorded before summons issued. Counsel pointed to a parallel Civil Suit No.2143 of 2023 (Civil Judge (Senior Division), Malihabad) for permanent injunction against alienation, with the agreement dated 29.07.2008 on record. The Court held that prima facie the dispute is of a civil nature; notice was issued to opposite party no.2, the case was listed on 21.05.2025, and till then no coercive action was to be taken against the petitioners under the impugned order. Final decision reserved for the next date.

Court No. - 12

Case :- APPLICATION U/S 482 No. - 3336 of 2025

Applicant :- Shabbir Ahmad And 4 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another

Counsel for Applicant :- Sachin Tiwari,Subodh Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Alok Mathur,J.

Heard Sri Alok Saran, learned counsel for the applicants as well as learned AGA on behalf of the State-respondent.

By means of the present writ petition under Section 482 of Cr.P.C. (now 528 of BNSS), the petitioners have assailed the order dated 23.10.2023 passed by the Additional Chief Judicial Magistrate, Lucknow whereby summoning the petitioners in Case No. 436 of 2021.

It has been submitted that a complaint was lodged by the private respondent no.2 alleging that he had purchased a land situated at Baravan Kala, Thakurganj by registered agreement from Jameer Ahmad, Shbbir Ahmad, Haseen Ahmad, Mohd. Latif, Mohd. Hafeej, Abdul Ali and Moyd. Kayyum in 2008. On the date of the agreement he had given Rs.26,00,000/- and the possession of the said land was given to the complainant. He has also alleged that he had made certain constructions and erected electricity poles on the land but due to onset of Covid, he could not go there and subsequent when he went there the petitioners abused and assaulted him and declined to entered into a sale deed with the complainant despite the fact he had also given the sale consideration to the petitioners. After recording statements under Sections 200 and 202 Cr.P.C., the impugned order dated 23.10.2023 has been passed summoning the petitioners.

Counsel for the petitioner while assailing the said order has submitted that a civil suit has already been filed for the same cause of action alleging the same fact before the Civil Judge (Senior Division), Malihabad, in Civil Suit No.2143 of 2023 where all the petitioners are defendants in the said suit and the prayer made in the said suit is for a permanent injunction against the petitioners from alienating the disputed property. A copy of the said agreement entered into the parties on 29.07.2008 has also been brought on record indicating that an agreement has been entered into the parties for the sale of the disputed land.

In light of the above, this Court is of the considered view that prima facie the dispute is of a civil nature where despite giving consideration for sale of the land, the sale deed has not been executed and accordingly, a suit for permanent injunction has also been filed by the complainant.

Accordingly, issue notice to opposite party no.2.

List this case on 21.05.2025.

Till the next date of listing, no coercive action shall be taken against the petitioners in pursuance of order dated 23.10.2023 passed by the Additional Chief Judicial Magistrate, Lucknow in Case No. 436 of 2021.

[ Alok Mathur,J. ]

Order Date :- 21.4.2025 KR

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