Suman Devi and Another vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2025)

Suman Devi and Another vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief at notice stage: respondents restrained from arresting the petitioners pursuant to FIR dated 28.4.2025 (Case Crime No. 322 of 2025, Sections 420, 467, 468, 471, 409, 34, 120-B IPC, Police Station Auraiya) until the next date of listing (ten weeks hence) or cognizance on the Section 173(2) Cr.P.C. police report, whichever is earlier, subject to cooperation in the ongoing investigation; investigating officer directed to investigate the role of Tehsil authorities including respondent no. 3 and file his report with the counter affidavit, investigation within 60 days; case connected with Crl. Misc. Writ Petition no. 9311 of 2025. Final disposal of the writ petition remains pending.

Issue for consideration

Whether the dispute underlying the FIR is essentially a complicated dispute of title and boundary demarcation amenable to remedies under the U.P. Revenue Code, bearing on the propriety of criminal proceedings against the petitioners. +2 more

Ratio / Principle

Interim restraint ordered: till the next date of listing or till cognizance is taken by court on the police report submitted under Section 173(2) Cr.P.C., whichever is earlier, the respondents are restrained from arresting the petitioners pursuant to the FIR dated 28.4.2025 registered as Case Crime No. 322 of 2025 (Sections 420, 467, 468, 471, 409, 34, 120-B IPC, Police Station Auraiya, District Auraiya), subject to cooperation in the ongoing investigation.

Key takeaways

The investigating officer of the case is directed to investigate the matter and the role of Tehsil authorities, including respondent no. 3, and submit his report.ratio¶J9
A copy of the investigation report is to be filed by the investigating officer before this Court alongwith his counter affidavit; investigation is to be conducted within a period of 60 days, with the counter affidavit to be filed thereafter before this Court by the investigating officer.ratio¶J9
Notice to be issued to respondent no. 3, with steps to be taken within a week.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 47), Criminal Misc. Writ Petition No. 9437 of 2025 (Suman Devi and another v. State of U.P. and 2 others), two-member bench of Hon'ble Siddharth, J. and Hon'ble Ram Manohar Narayan Mishra, J.; order dated 14.5.2025. Counsel submitted that the FIR discloses a complicated dispute of title and boundary demarcation of land remediable under the U.P. Revenue Code, and that respondent no. 3, a Nayab Tehsildar, had lodged the FIR. At the notice stage, the Court restrained the respondents from arresting the petitioners pursuant to FIR dated 28.4.2025, registered as Case Crime No. 322 of 2025 under Sections 420, 467, 468, 471, 409, 34, 120-B IPC, Police Station Auraiya, District Auraiya, till the next listing (ten weeks) or cognizance under Section 173(2) Cr.P.C., whichever earlier, subject to cooperation in the ongoing investigation; directed notice to respondent no. 3 (steps within a week), counter affidavits within eight weeks and rejoinders within two weeks thereafter; directed the investigating officer to investigate the matter and the role of Tehsil authorities including respondent no. 3 and file the investigation report with his counter affidavit, investigation within 60 days; and connected the case with Crl. Misc. Writ Petition no. 9311 of 2025.

Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 9437 of 2025

Petitioner :- Suman Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajrshi Gupta,Sudhanshu Kumar,Sr. Advocate

Counsel for Respondent :- G.A.

Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J.

Heard Sri Dilip Kumar, learned senior counsel assisted by Sri Sudhanshu Kumar, learned counsel for the petitioners and learned A.G.A. for the State-respondent and perused the material available on record.

Learned counsel for the petitioners submits that there is complicated dispute of title and demarcation of boundary of land in dispute as apparent from the FIR. The parties have remedy under the U.P. Revenue Code in this regard. The respondent no. 3 has lodged FIR who is Nayab Tehsildar of the Tehsil concerned.

Matter requires consideration.

Issue notice to respondent no.3.

Steps be taken within a week.

All the respondents may file counter affidavit within period of eight weeks. Petitioner may file rejoinder affidavit within two weeks thereafter.

List this case after ten weeks. Connect with Crl. Misc. Writ Petition no. 9311 of 2025.

Till the next date of listing or till cognizance is taken by court on police report submitted under Section 173(2) Cr.P.C., whichever is earlier, the respondents are restrained from arresting the petitioners pursuant to the First Information Report dated 28.4.2025, registered as Case Crime No. 322 of 2025, under Sections- 420, 467, 468, 471, 409, 34, 120-B IPC, Police Station- Auraiya, District- Auraiya, subject to cooperation in ongoing investigation.

The investigating officer of this case is directed to investigate

the matter and the role of Tehsil authorities including, respondent no. 3 and submit his report. Copy of investigation report shall also be filed by the investigating officer before this Court alongwith his counter affidavit. Investigation shall be conducted within a period of 60 days and counter affidavit shall be filed thereafter before this Court by the investigating officer.

Order Date :- 14.5.2025 Dhirendra/

Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad