Anil Kumar Gupta and Another vs State of U.P… — Writ and Judicial Review | Allahabad HC (2026)

Anil Kumar Gupta and Another vs State of U.P… — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

None; however, the parties were left free to pursue the pending civil suit (Regular Suit No.972 of 2023) for expedite disposal.

Issue for consideration

Whether the judgment and order dated 19.12.2023 of the Additional District and Sessions Judge, Court No.6, Lucknow (passed in Criminal Revision No.393 of 2023 of the private respondent) ought to be quashed in exercise of jurisdiction under Article 227 of the Constitution.

Court's answer

As it is the admitted case of the petitioners that there are two passages for their entrance in two different directions, and a civil suit is already pending between the parties, no interference is required; accordingly the petition is misconceived.

Ratio / Principle

It is open to the parties to pursue the pending civil suit for expedite disposal.

Detailed headnote1 paragraphs

Dismissed — Matters Under Article 227 No. 270 of 2024 — Anil Kumar Gupta and another v. State of U.P. and others — intra-family dispute over a passage. The private respondent's application under Section 145 Cr.P.C. was dismissed by the learned Magistrate vide order dated 6.6.2023; his Criminal Revision No.393 of 2023 was partly allowed by the Additional District and Sessions Judge, Court No.6, Lucknow vide judgment and order dated 19.12.2023 (impugned; Annexure No.1) 'with the observation that' (observation text truncated in the record). Petitioners had separately instituted Regular Suit No.972 of 2023 for permanent injunction before the Civil Judge (S.D.), Mohanlalganj, Lucknow, in which no stay order had been passed (as pointed out by respondents' counsel); a family settlement between the parties was referred to (undated in the supplied text). Held: it being the petitioners' admitted case that two passages afford them entrance in two different directions, and a civil suit being already pending between the parties, no interference was warranted — the petition was misconceived and was dismissed, with liberty to pursue the pending civil suit for expedited disposal (Rajeev Singh, J.).

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 270 of 2024

Anil Kumar Gupta And Another

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Divyanshu Misra, Divya	Mishra, nshu M	Dinesh ishra	Kumar
Counsel for Respondent(s)	: G.A., Amir	Khan,	Chandra	Shekhar
	Singh Yada	v, Mali	k Meraj	Ahmad,
	Mohd. Gh	ufran	Khan,	Muzaffar
	Zulfiqar Naq	vi

Court No. - 14

HON'BLE RAJEEV SINGH, J.

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

The present petition is filed with the prayer to quash the impugned judgment and order dated 19.12.2023 passed by the Additional District and Sessions Judge, Court No.6, Lucknow contained in Annexure No.1 to the petition.

Learned counsel for the petitioners submits that petitioners and private respondent belongs to the same family tree and there is a dispute related to the passage in between them, as a result, private respondent filed an application under Section 145 Cr.P.C. was filed by the private respondent and thereafter, a suit for permanent injunction was filed by the petitioners, which was registered as Regular Suit No.972 of 2023 (Anil Kumar Gupta & Anr. Vs. Sanjay Gupta) before the Civil Judge (S.D.), Mohanlalganj, Lucknow. He also submits that application under Section 145 Cr.P.C. filed by the private respondent was dismissed by the learned Magistrate vide order dated 6.6.2023, and thereafter, revision was filed by the private respondent, which was registered as Criminal Revision No.393 of 2023 and the aforesaid revision was partly allowed with the observation that

A227 No. 270 of 2024

2

entrance of the parties are allowed as per the family settlement dated 6.3.1973. He further submits that since very beginning petitioners are passing through the way, which is in question but he does not dispute this fact that entrance of house of the petitioners are also in two other directions but both the passage are very congested, so in case of any medical emergency, ambulance and any other vehicle cannot reach there, therefore, order dated 19.12.2023 passed by the court below is liable to be set aside.

Learned counsel for the private respondent as well as learned A.G.A. vehemently opposes the prayer of the applicant and submits that in the petition there is no pleading that the aforesaid family settlement was not in existence. He further submits that as per the family settlement, there are two passage for entrance of the applicant in two different directions and there is no stay order passed by the civil court in the suit filed by the petitioners, therefore, there is no illegality in the order passed by the revisional court.

Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, as it is admitted case of the petitioner that there are two passages for their entrance in two different directions and a civil suit is already pending in between the parties, therefore, no interference is required, accordingly, the petition is misconceived and same is hereby dismissed .

However, it is open to the parties to pursue the pending civil suit for expedite disposal.

(Rajeev Singh,J.)

February 19, 2026

GauraV/-

Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench