Dismissed

Jagadambika Prasad v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 4 Others

Allahabad HC8 May 2025NA528/403/2025

Case brief

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What is this about?

Application U/S 528 BNSS No. 403 of 2025, Allahabad High Court Lucknow Bench, decided 8.5.2025 by Rajnish Kumar, J.; challenge to order dated 19.03.2025 directing registration of Section 173(4) BNSS FIR-application as complaint case under Section 223 BNSS; allegations of Lekhpal (respondent no. 2) manipulating revenue records in collusion with respondent no. 3; reliance on Division Bench ruling Su

What the court decided

AI extract

Jagadambika Prasad Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC-LKO:26976

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Court No. - 11

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Case :- APPLICATION U/S 528 BNSS No. - 403 of 2025

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Applicant :- Jagadambika Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 4 Others

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Counsel for Applicant :- Pradeep Kumar Tripathi,Padum Nath Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajnish Kumar,J.

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Heard Sri Padum Nath Mishra, learned counsel for the applicant and learned AGA for the State.

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This application under Section 482 Cr.P.C./Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed challenging the order dated 19.03.2025, by means of which the application filed under Section 173(4) has been directed to be registered as a complaint case under Section 223 of BNSS, 2023 and issued notice.

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Learned counsel for the applicant submits that applicant had filed an application under Section 173(4) of BNSS, 2023 for lodging an FIR because the respondent no. 2, who is the Lekhpal of the area concerned, in collusion with the respondent no.3, has got changed entry in the revenue records without any order as has been informed on an application moved by the applicant for certified copy but without considering the same, it has been directed to be registered as complaint case. He further submits that the respondent no.2 has manipulated record in collusion with respondent no.3 only to harass the applicant and he is doing it since the time of his father. Thus, the submission is that the impugned order is not sustainable and may be set aside with a direction to register an F.I.R. as cognizable offence

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is made out.

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Learned AGA has opposed the submissions of the counsel for the applicant and submits that the court has rightly directed to register a complaint case.

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Having considered the submissions of the learned counsel for the parties and on perusal of record, it is apparent that it is known to the applicant that what record has been manipulated and who have manipulated, therefore, it can be examined in a complaint case and considering it, in light of the judgement of a Division Bench of this Court, in the case of Sukhwasi Vs . State of U . P . and others ( 2007 ) 59 ACC 739, the court has directed to register the complaint case.

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On a query being put, learned counsel for the applicant also fails to indicate as to what could not be brought before the Court without investigation.

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In view of above, this Court does not find any illegality or error in the impugned order.

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The petition is dismissed .

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Order Date :- 8.5.2025 KR

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

Jagadambika Prasad v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 4 Others

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Jagadambika Prasad v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 4 Others

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