Dismissed¶15

Irfan v. State of U.P. and 3 Others

Allahabad HC16 Oct 2025NA528/39304/2025

Case brief

AI extract

What is this about?

Allahabad High Court; Application u/s 528 BNSS No. 39304 of 2025; Nand Prabha Shukla, J.; quashing of order dated 08.07.2025; rejection of complaint under Section 203 Cr.P.C.; complaint under Section 156(3) Cr.P.C.; forged and unregistered Will Deed; remedy under Section 340 Cr.P.C. for inquiry into document produced in evidence; civil suit pending; Irfan v. State of U.P.; Kotwali, Meerut; application dismissed.

What did the court decide?

Considering the facts on record, including the pendency of the civil suit, there is no illegality in the order impugned rejecting the complaint under Section 203 Cr.P.C., and no interference is required by this Court. ¶14

Irfan Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39304 of 2025

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Irfan

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.....Applicant(s)

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Versus
State Of U.P. And 3 Others .....Opposite Party(s)
Counsel for Applicant(s) : Amar Jeet Upadhyay
Counsel for Opposite Party(s) : G.A.

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Court No. - 80

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HON'BLE NAND PRABHA SHUKLA, J.

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

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The present application under Section 528 BNSS has been filed with a prayer to allow this application and to quash the order dated 08.07.2025 passed by Additional Chief Judicial Magistrate, Court no.4, Meerut in Complaint Case No. 3800 of 2024 (Irfan Vs. Ikram and others), Police Station-Kotwali, District-Meerut whereby the complaint of the applicant has been rejected under section 203 of Cr.P.C.

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It has been submitted by learned counsel for the applicant that the applicant lodged a complaint under Section 156(3) Cr.P.C. before the Additional Chief Judicial Magistrate, Court No. 4, Meerut which has been dismissed under Section 203 Cr.P.C. It has been submitted that the alleged Will Deed is a forged document and the photograph affixed on the said Will Deed is of some other person. It has also been submitted that the said Will Deed is an unregistered document and there is a forged signature of the complainant. The complainant never executed any Will Deed in favour of his brother.

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However, learned AGA has opposed the aforesaid contention.

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From the perusal of records, it transpires that the civil suit is still pending decision. The applicant can move an application under Section 340 Cr.P.C. for the initiation of inquiry in respect to the document (Will Deed) produced or given in evidence.

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NA528 No. 39304 of 2025

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Considering the aforesaid facts, there is no illegality in the order impugned. No interference is required.

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Accordingly, the application under Section 528 BNSS is dismissed.

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(Nand Prabha Shukla,J.)

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October 17, 2025 Puspendra

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