Ajay Kumar Singh and 5 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

The instant criminal appeal has been preferred against the chargesheet dated 30.09.2025 as well as the summoning order dated 13.10.2025 passed by Special Judge S.C./S.T. Act, Gonda in Session Trial No.1420 of 2025 "State Vs. Ajay Kumar Singh and others", arising out of Chargesheet No.01 of 2025 in pursuance of FIR/ Case Crime No.271 of 2025, under Sections 316(2), 318(4), 338, 336(3), 340(2), 352, 351(2), 191(2) BNS & Section 3(1)(Dha), 3(2)(va) S.C./S.T. Act for appellant nos.1 to 4 and under Sections 316(2), 318(4), 338, 336(3), 340(2), 352, 351(2), 191(2) BNS for appellant nos.5 & 6, Police Station Tarabganj, District Gonda, by impugned order learned court below has summoned the appellants to face trial for said charges, on the basis of chargesheet filed after investigation against them.

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Learned counsel for the appellants submits that the respondent no.2 has falsely implicated the appellants with ulterior motive by alleging that the agreement to sale was registered between the respondent no.2 and the appellant no.6 on 07.04.2022 with the understanding that subsequently a sale deed was executed pursuant to agreement to sale. The appellant no.1 has been assigned a role of middleman. Another agreement to sale was registered for the same land on 29.07.2024 between the appellant no.6 and

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CRLA No. 3908 of 2025

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the appellant no.2 in which the appellant no.1 again plays role of middleman. An inordinate delay of 13 days has been made in lodging the FIR. In fact, there was an agreement to sale between the appellant no.6 and the respondent no.2 for the sale of 1/3rd share of land Gata No.538 Ja area 0.2710 hectare and Gata No.538 Chha area 0.2710 hectare situated at village Ismailpur, Pargana Nawabganj, Tehsil Tarabganj, District Gonda on 07.04.2022. Regarding the agreement to sale, the sale deed was to be executed within a year subsequently, respondent no.2 mislead the appellant no.6 by changing the tenure of limitation from one year to two years. Appellant no.6 has filed a civil suit for cancellation of agreement to sale before court of Civil Judge, Junior Division, Gonda on 28.04.2022, which is still pending. The respondent no.2 has filed a declaratory suit under Section 144 of U.P. Revenue Code, 2006 before the court of SubDivisional Magistrate, Tarabganj, Gonda on 12.07.2024 for declaration of his title on the alleged land on the basis of agreement to sale with the averment that from the date of agreement to sale, the plaintiff is in possession of the land which is agree to be sold whereas no bhumidhari right can accrue in any person on the basis of an agreement to sale.

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He next submitted that the learned Sub-Division Magistrate vide judgment and order dated 11.08.2025 dismissed the said declaratory suit filed by the respondent no.2. The respondent no.2 filed an appeal under Section 207 U.P. Revenue Code, 2006 before Commissioner Devipatan Division, Gonda against dismissal of declaratory suit. The present criminal case has been filed only to exert pressure on appellant no.6 for grabbing her land on the basis of false and fabricated facts. The appellant no.1 filed Criminal Misc. Writ Petition No.7429 of 2025 before this Court with prayer to quash the FIR in the present case and this Court vide order dated 22.08.2025 granted stay from arrest to the appellant taking into consideration that dispute is of civil nature. The investigating officer has filed chargesheet in this case in mechanically manner without appreciating the fact that the matter is of civil nature.

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Learned counsel place reliance on judgment of Hon'ble Supreme Court in Paranjeet Batra Vs State of Uttrakhand, 2013 (11) SCC 673 and Naresh Kumar and another Vs the State of Karnataka and another, 2024 INSC 196 , wherein it is held that the criminal proceedings cannot

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CRLA No. 3908 of 2025

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be taken recourse to as a weapon of harassment in an issue where dispute is essentially of civil nature. The appellant had asked the informant to make full and final payment so that a sale deed may be executed in his favour pursuant to said agreement to sale but he was not ready and willing to agreed sale consideration.

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