Farukh Alias Nargis Kinnar Vs State of U.P. and 5 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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MATTERS UNDER ARTICLE 227 No. - 7381 of 2025

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Farukh Alias Nargis Kinnar

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.....Petitioner(s)

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Versus

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State Of U.P. And 5 Others

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Counsel for Petitioner(s)	: Gaurav Gupta .....Respondent(s)
Counsel for Respondent(s)	: G.A.

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Court No. - 89

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HON'BLE ANIL KUMAR-X, J.

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Learned counsel for the petitioner and Shri D.K. Rai, learned A.G.A. for the State are present.

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This petition under Article 227 of the Constitution of India has been filed with the following main prayer :-

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"i) Set-aside the impugned order dated 15.01.2025 passed by learned Sessions Judge Shahjahanpur in Criminal Revision No. 129 of 2024 (Farukh @ Nargis Kinnar Vs. State of U.P. & others) and order dated 29.04.2024 passed by learned Additional Chief Judicial Magistrate-III Court No.15 Shahjahanpur in Criminal Misc. Case No. 155 of 2024 (Farukh alias Nargis Vs. Kailash and others) u/s 156(3) Cr.P.C., Police Station Katra, District Shahjahanpur.

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ii) Direct the court below to remand back the matter and direct the concerned police station to register the case against respondent no.2 to 6 and investigate the matter."

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Learned counsel for the petitioner submitted that the petitioner as well as private respondents are transgenders and they reside in the same locality and also collected money from the persons as a gift on the occasion of child birth, marriages. However, the respondents are now threatening him either to pay them Rs.50,000/- per month as 'badhai' or face dire consequences. Aggrieved by the conduct of the respondents, the petitioner filed an application under Section 156(3) Cr.P.C. before the ACJM, Saharanpur, which was registered as Criminal Misc. Case No. 155 of 2024 (Farukh alias Nargis Vs. Kailash and others). However, said case was dismissed on 29.4.2024 against which the petitioner preferred

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A227 No. 7381 of 2025

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2

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Criminal Revision No. 129 of 2024 (Farukh @ Nargis Kinnar Vs. State of U.P. & others), which too was dismissed on 15.1.2025.

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Learned counsel for the petitioner submitted that both parties are belonging to the same community and both of them are engaged in collecting 'badhai'. Therefore, the act of the respondents in compelling the petitioner to collect and give him an amount of Rs.50,000/- per month as 'badhai' amounts to an extortion. However, the contents of the application under Section 156(3) Cr.P.C. were not properly considered by both courts. Hence, the impugned orders are liable to be set aside.

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Learned AGA submitted that a report was called from the police concerned by the learned Magistrate wherein it has been stated that an application under Section 156(3) Cr.P.C. was lodged earlier on the same allegations where both parties entered into a written compromise. It was further mentioned that one of the parties is violating the terms of the compromise entered into between the parties earlier. Learned AGA further submitted that dispute between the parties pertains to the distribution of 'badhai amount' between them and the said dispute does not, prima facie, constitute any criminal offence and this was their personal dispute.

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Heard learned counsel for the parties and perused the orders of the trial court as well as the revisional court.

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A bare reading of the allegations, prima facie, reveal that dispute between the parties is regarding the sharing of 'badhai amount' between them, for which they are regularly prosecuting each other.

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In the given circumstances, this Court does not find any perversity in the findings recorded by both courts. Hence, both orders passed by the trial court as well as the revisional court are upheld and this petition is dismissed .

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(Anil Kumar-X,J.)

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May 5, 2026 SK

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

Farukh Alias Nargis Kinnar v. State of U.P. and 5 Others

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Farukh Alias Nargis Kinnar v. State of U.P. and 5 Others

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