Baboolal vs the State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Baboolal vs the State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order only: notice issued to opposite party No. 2 (steps within seven working days); SHO concerned to inform opposite party No. 2 of pendency; AGA to communicate the order to the SHO and place proof by affidavit, and may file response; proceedings in issue stayed qua the applicant till the next date of listing (October 2025), subject to timely steps. Application not finally decided.

Issue for consideration

Whether the criminal proceedings in Complaint No. 15803 of 2014 under sections 419/420 I.P.C. against the applicant, arising out of a civil dispute over Khasra No. 402, amount to giving criminal colour to a civil dispute such that the application under Section 482 is liable to be entertained and the applicant's interest protected by interim order.

Court's answer

To a civil dispute criminal colour has been given by the opposite party No. 2, a practice deprecated by the Hon'ble Apex Court in various judgments.

Ratio / Principle

The instant application is liable to be entertained and the interest of the applicant is liable to be protected.

Key takeaways

Interim protection is conditional: if steps (issuance of notice) are not taken within the time specified (seven working days), the benefit of interim protection would not be available to the applicant.ratio¶25

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Saurabh Lavania, J. — Application U/S 482 No. 7642 of 2025, Baboolal v. The State of U.P. and another (decided September 11, 2025): Applicant sought quashing of the order dated 28-05-2025 (Addll. Sessions Judge, Court No. 9, Lucknow) and summoning order dated 30-07-16 (Chief Judicial Magistrate, Lucknow) in Complaint No. 15803/14, 'Becha Lal Vs. Prakash & Ors', under sections 419/420 I.P.C., P.S. Wazirganj, Lucknow. Background: co-sharer Prakash sold the disputed property (Khasra No. 402, Village Daud Nar, P.S. Madiyaon, Lucknow) despite the interim order dated 07.03.2008 in Second Appeal No. 366 of 2007 (Becha Lal vs. Babul Lal and others); opposite party No. 2 (Becha Lal) thereupon filed the 2014 complaint impleading the applicant, who had not violated the interim protection. The Court found that criminal colour had been given to a civil dispute, a practice deprecated by the Supreme Court in Deepak Gaba, Prof R.K. Vijayasarathy, Lalit Chaturvedi, Randheer Singh, Syed Yaseer Ibrahim, Rikhab Birani, Jay Shri and Debu Singh. Notice was issued to opposite party No. 2 (steps within seven working days), the SHO was to inform the complainant, the AGA was to communicate the order and file response, and the proceedings were stayed qua the applicant until listing in October 2025, the interim protection being conditional on timely steps.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 7642 of 2025

Baboolal

.....Applicant(s)

Versus

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

.....Opposite Party(s)

Counsel for Applicant(s)	: Vikas Shukla
Counsel for Opposite Party(s)	: G.A.

Court No. - 11

HON'BLE SAURABH LAVANIA, J.

Heard learned counsel for the applicant, learned AGA for the State of U.P. and perused the record.

The present application has been filed by the applicant seeking following main relief(s):-

"Wherefore it is respectfully prayed that order dated 28-05-2025 passed by the learned court below the Addll. Sessions Judge Court No. 9 Lucknow and the summoning order dated 30-07-16 passed by the learned lower court the Chief Judicial Magistrate Lucknow along with the proceedings of the complaint case with it's no. 15803/14, "Becha Lal Vs. Prakash & Ors" under section 419/420 I.P.C., P.S. Wazirganj, Lucknow against the petitioner Babu Lal may be quashed in the interest of justice."

Considering the facts of the case including that part of the property in dispute i.e. Khasra No. 402 situated at Village- Daud Nar, Police Station- Madiyaon, Pargana, Tehsil and District- Lucknow was sold by one co-sharer namely Prakash despite there being interim order dated 07.03.2008 passed by this Court in Second Appeal No. 366 of 2007 (Becha Lal vs. Babul Lal and others) and therefore, the opposite party No. 2/Becha Lal filed the complaint case registered as Complaint No. 15803 of 2014 impeading various persons including the applicant, who has not violated the interim protection granted by this Court vide order dated 07.03.2008, this Court finds that to a civil dispute criminal colour has been given by the opposite party No.2, which practice has been deprecated by the Hon'ble Apex Court in various judgments including rendered in the cases of Deepak Gaba and others Vs. State of Uttar Pradesh and another, Criminal Appeal No.2328 of 2022, decided on 02.01.2023; Prof R.K. Vijayasarathy & Anr. Vs. Sudha Seetharam & Anr., Criminal Appeal No.238 of 2019, arising out of Special Leave Petition (Crl) No.1434 of 2018, decided on 15.02.2019; Lalit Chaturvedi & others Vs. State of Uttar Pradesh & another, SLP

A482 No. 7642 of 2025

2

(Crl) No.13485 of 2023, order dated 06.02.2024; Randheer Singh Vs. State of U.P., (2021) 14 SCC 626; Syed Yaseer Ibrahim Vs. State of U.P., (2022) 17 SCC 611; Rikhab Birani Vs. State of U.P., 2025 SCC OnLine SC 823; Jay Shri Vs. State of Rajasthan, 2024 SCC OnLine SC 54 and Debu Singh and another Vs. State of U.P. [SLP (Crl.) No.3620 of 2025)] .

Taking note of the aforesaid, this Court is of the view that the instant application is liable to be entertained and the interest of the applicant is liable to be protected.

Accordingly, issue notice to the opposite party No. 2. Steps in this regard be taken within seven working days.

Let opposite party No.2 be also informed by the SHO concerned regarding pendency of the instant case.

Learned AGA is directed to communicate this order to the SHO concerned forthwith and place the proof regarding the information given by the S.H.O. concerned to the opposite party No. 2 by way of an affidavit when the case is listed next.

List/put up this application after service of notice in the month of October, 2025 alongwith service report.

Till the next date of listing, the proceedings, in issue, shall remain stayed qua the applicant.

In the meantime, learned AGA may file response to the present application.

In case, the steps are not taken within the time specified for this purpose, then the benefit of interim protection would not be available to the applicant.

September 11, 2025 Arun/-

(Saurabh Lavania,J.)

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