Radheyshyam Dwivedi and 2 Others vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Radheyshyam Dwivedi and 2 Others vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Notice ordered to Respondent No. 2, returnable at an early date (steps within a week); interim stay of the proceedings of Criminal Case No. 718 of 2022 qua the appellants till the next date of listing; matter to be connected and listed with Criminal Appeal No. 310 of 2024.

Issue for consideration

Whether Respondent No. 2 (Jagdeesh Prasad) is seeking to give a criminal colour to what is prima facie a civil land dispute, such that the FIR-based criminal proceedings and non-bailable warrant orders against the appellants require reconsideration.

Court's answer

Prima facie, taking into account the pending Regular Suit No. 817 of 2020 instituted by the accused Radheyshyam, the contents of the FIR, and the order passed in the mutation proceedings, Respondent No. 2 appears to want to give a criminal colour to a civil dispute.

Ratio / Principle

In view of the foregoing, the Court found that the matter requires consideration and accordingly ordered notice to Respondent No. 2, returnable at an early date, with steps to be taken within a week.

Key takeaways

Interim direction: till the next date of listing, the proceedings of Criminal Case No. 718 of 2022 (arising out of Case Crime No. 57 of 2021), relating to Police Station Payagpur, District Bahraich, shall remain stayed qua the appellants.ratio¶19

Detailed headnote1 paragraphs

Criminal Appeal No. 2680 of 2024, High Court of Judicature at Allahabad, Lucknow Bench (Manjive Shukla, J.), order dated October 8, 2025. Appeal under Section 14-A (1) of the SC/ST (Prevention of Atrocities) Act, 1989 against the Non-Bailable Warrant orders dated 20.12.2023 and 09.01.2024 passed by the Special Judge (SC/ST) Court, Bahraich, and against the entire proceedings of Criminal Case No. 718 of 2022 (State Vs. Radheyshyam Dwivedi & others), arising out of Case Crime No. 57 of 2021 (Sections 419, 420, 504 and 506 I.P.C.; 3(1)(s) and 3(1)(f) SC/ST (Prevention of Atrocities) Act, 1989; Police Station Payagpur, District Bahraich) and charge sheet No. 01 dated 23.11.2021. Prima facie, considering the pending Regular Suit No. 817 of 2020 instituted by the accused Radheyshyam for declaration and permanent injunction over part of the land sold, the FIR lodged by the purchaser Jagdeesh Prasad (Respondent No. 2), and the order in the mutation proceedings, the Court observed that Respondent No. 2 wants to give a criminal colour to a civil dispute. Finding the matter to require consideration, the Court issued notice to Respondent No. 2 (returnable at an early date; steps within a week) and provided that the proceedings of Criminal Case No. 718 of 2022 shall remain stayed qua the appellants till the next date of listing. Matter connected with Criminal Appeal No. 310 of 2024. Interlocutory, notice-stage order only; the appeal remains unresolved and no final adjudication was made.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL APPEAL No. - 2680 of 2024

Radheyshyam Dwivedi And 2 Others

.....Appellant(s)

Versus

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

.....Respondent(s)

Counsel for Appellant(s) : Km. Anjali Gautam, Shailendra Pathak Counsel for Respondent(s) : G.A.

Court No. - 27

HON'BLE MANJIVE SHUKLA, J.

Heard Sri Shailendra Pathak, learned counsel for the appellants and learned Additional Government Advocate for the State.

The present appeal Under Section 14-A (1) of SC/ST (Prevention of Atrocities) Act, 1989 has been filed against the Non-Bailable Warrant order dated 20.12.2023 & 09.01.2024 passed by Special Judge (SC/ST) Court, Bahraich and the entire proceeding of Criminal Case No. 718 of 2022, (State Vs. Radheyshyam Dwivedi & others) arising out of Case Crime No. 57 of 2021, under Section 419, 420, 504 & 506 I.P.C. and 3(1)(s) & 3(1)(f) of SC/ST (Prevention of Atrocities) Act, 1989, relating to Police StationPayagpur, District- Bahraich as well as charge sheet No.01 dated 23.11.2021.

Prima facie it appears from the record, which includes pending Regular Suit No. 817 of 2020 instituted by Radheyshyam/accused for declaration of permanent injunction in relation to part of land sold to one Jagdeesh Prasad/ Respondent No. 2, who lodged the F.I.R. against the appellants, who are bona-fide purchaser of part of land in relation to which the said suit is pending consideration, as also the contents of F.I.R. in issue and further, the order passed in mutation proceedings that to a civil dispute, the Respondent No. 2 wants to give criminal colour.

In view of the above, this Court finds that the matter requires consideration.

Issue notice to Respondent No. 2, returnable at an early date.

CRLA No. 2680 of 2024

2

Steps be taken within a week.

It is provided that till the next date of listing, proceedings of Criminal Case No. 718 of 2022, (State Vs. Radheyshyam Dwivedi & others) arising out of Case Crime No. 57 of 2021, under Section 419, 420, 504 & 506 I.P.C. and 3(1)(s) & 3(1)(f) of SC/ST (Prevention of Atrocities) Act, 1989, relating to Police Station- Payagpur, District- Bahraich, shall remain stayed qua the appellants.

Connect and list this matter with Criminal Appeal No. 310 of 2024.

October 8, 2025 Lokesh Kumar

(Manjive Shukla,J.)

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