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

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

What the court decided

AI extract

Outcome

Interim order (petition still pending): notice issued to opposite party no. 4 returnable at an early date, with petitioners to take steps within a week; matter listed for 18.03.2025; State and opposite party no. 4 permitted to file counter affidavits in the meantime; and, till the next date of listing, the petitioners shall not be arrested in pursuance of the impugned first information report.

Issue for consideration

Whether the impugned FIR dated 9.1.25, registered as F.I.R. / Case Crime No. 0006 of 2025 under Sections 131, 191(2), 324(2), 329(3) and 351(3) of The Bhartiya Nyaya Sanhita, 2023, Police Station - Mishrikh (Mishrit), District Sitapur, should be quashed by writ of Certiorari. +1 more

Court's answer

The Court formed a prima facie opinion that the matter requires consideration; final determination on the prayers was deferred pending notice, counter affidavits and relisting.

Ratio / Principle

Interim relief granted: till the next date of listing (fixed as 18.03.2025), the petitioners shall not be arrested in pursuance of the impugned first information report.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 9) — Criminal Misc. Writ Petition No. 906 of 2025 — Ayyub Khan And Another v. State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others — interim order dated 31.1.2025 (coram: Hon'ble Mrs. Sangeeta Chandra, J. and Hon'ble Shree Prakash Singh, J.). Petitioners sought (i) Certiorari to quash the FIR dated 9.1.25 registered as F.I.R. / Case Crime No. 0006 of 2025 under Sections 131, 191(2), 324(2), 329(3) and 351(3) of The Bhartiya Nyaya Sanhita, 2023, Police Station - Mishrikh (Mishrit), District Sitapur, lodged by opposite party no. 4 (the informant / respondent no. 4), and (ii) Mandamus directing the opposite parties not to arrest the petitioners in pursuance of that FIR. Learned counsel submitted that the petitioners and the informant are distant relations in a civil dispute over possession of one plot of land, and that an IGRS complaint (no. 40015424084759) enquired into by the Sub-Inspector, P.S. Mishrikh, had produced a report on 22.12.2024 finding the plot in possession of petitioner no. 1 (Ayyub Khan son of Saleem Khan). Prima facie considering the matter, the Court issued notice to opposite party no. 4, permitted counter affidavits, listed the matter for 18.03.2025, and ordered that till the next date of listing the petitioners shall not be arrested in pursuance of the impugned first information report.

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 906 of 2025

Petitioner :- Ayyub Khan And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Ganesh Kumar Gupta,Amit Kumar Pathak Counsel for Respondent :- G.A.

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.

Heard the leaned counsel appearing for the petitioners and the learned A.G.A. for the State.

This petition has been filed with the following prayers:-

"I. Issue a writ order or direction in the nature of writ of Certiorari to quash the impugned First Information report dated 9.1.25 lodged by the opposite party no.4, registered as F.I.R. / Case Crime No. 0006 of 2025, Under Section 131, 191 (2), 324 (2), 329 (3) and 351 (3 ) of The Bhartiya Nyaya Sanhita, 2023, Police Station - Mishrikh ( Mishrit), District Sitapur, which is contained in Annexure No.1 to the writ petition, in the interest of justice.

II. Issue a writ of Mandanus or a writ, order or direction in the nature of writ of Mandamus commanding and directing the opposite parties not to arrest the petitioners in pursuance of the impugned First Information report dated 9.1.25, lodged by the opposite party no.4, registered as F.I.R./ Case Crime No. 0006 of 2025, Under Section 131, 191 ( 2),324 (2), 329 (3) and 351 (3) of The Bhartiya Nyaya Sanhita, 2023, Police Station - Mishrikh (Mishrit), District Sitapur, which is contained in Annexure No.1 to the writ petition, in the interest of justice.

III. Issue such other and further writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case in favor of the petitioners.

IV. Allow the writ petition with cost."

It has been submitted by the learned counsel for the petitioners that both the petitioners and the informant, the respondent no. 4 are distant to relations and there is a civil dispute with regard to possession of one plot of land. The petitioners had

filed IGRS complaint no. 40015424084759 on which an enquiry was held by the Sub-Inspector P.S. Mishrikh District- Sitapur and a report submitted on 22.12.2024 wherein, it has been stated that on enquiry, it was found that the plot was in possession of Ayyub Khan son of Saleem Khan i.e. petitioner no. 1

Now, the impugned first information report has been lodged on 9.1.2025, alleging therein that the petitioners have forcibly taken possession over the plot in question which belongs to the informant.

Prima facie, this Court is of the opinion that the matter requires consideration.

Let notice be issued to opposite party no. 4 returnable at an early date.

The petitioners shall take steps be taken within a week.

List this matter on 18.03.2025.

In the meantime, the State as well as opposite party no. 4 may file their counter affidavits.

Till the next date of listing, the petitioners shall not be arrested in pursuance of the impugned first information report.

Order Date :- 31.1.2025 Mayank

Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench