Tribhuwan Tiwari and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 7209 of 2025

Tribhuwan Tiwari And Another

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another

.....Opposite Party(s) Counsel for Applicant(s) : Suresh Chandra Tiwari Counsel for Opposite Party(s) : G.A.

Court No. - 15

HON'BLE AJAY BHANOT, J.

Shri Suresh Chandra Tiwari, learned counsel assisted by Dr. Shilpi Tiwari, learned counsel for the applicants submits that the applicants and the first informant are engaged in a civil dispute relating to title over the disputed property before the consolidation authorities. The applicant claims heritable rights over the disputed property. The FIR has been registered only to leverage the criminal proceedings in the civil dispute. The investigating officer conducted deficient investigations and did not examine the correctness of the transfer certificate which the sole basis of establishing the identity of the first informant. The said transfer certificate was in fact forged but this aspect was neglected from investigation by the investigating officer.