Padam Singh Vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

Padam Singh Vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. dismissed as having become infructuous; dismissal not to prejudice either party's rights in pending Criminal Revision No.704 of 2025 (to be decided expeditiously in accordance with law); operation of the impugned order dated 20.11.2025 stayed till disposal of Criminal Revision No.704 of 2025.

Issue for consideration

Whether the proceedings under Section 145 Cr.P.C. initiated pursuant to challani report dated 17.10.2023 and the orders dated 30.04.2024 and 20.11.2025 passed by the Special Executive Magistrate should be quashed, the dispute between the parties being alleged to be purely civil in nature with a civil suit already pending. +1 more

Ratio / Principle

The Section 145 Cr.P.C. proceedings challenged in the application had already culminated in a final order dated 20.11.2025; that final order is under challenge before the competent revisional court in Criminal Revision No.704 of 2025, in which the applicant has also appeared; consequently, nothing further survives for adjudication in the application under Section 482 Cr.P.C., as no effective relief can now be granted.

Key takeaways

In view of subsequent developments, the present application under Section 482 Cr.P.C. is dismissed as having become infructuous.ratio¶15
Dismissal of the application shall not prejudice the rights of either party in pending Criminal Revision No.704 of 2025, which shall be decided expeditiously in accordance with law.obiter¶16
The operation of the impugned order dated 20.11.2025 shall remain stayed till the disposal of Criminal Revision No.704 of 2025.

Detailed headnote1 paragraphs

Allahabad High Court (Padam Narain Mishra, J.) - Application under Section 482 Cr.P.C. (No. 9359 of 2024, Padam Singh v. State of U.P. and 2 Others) seeking quashing of proceedings under Section 145 Cr.P.C. initiated pursuant to challani report dated 17.10.2023 before the Special Executive Magistrate/Deputy Commissioner of Police, Trans Hindan, Ghaziabad, and of orders dated 30.04.2024 and 20.11.2025 - Applicant contended the dispute over Gata No.1296 and 1707, Village Pasaunda, Jawahar Park, Sahibabad, District Ghaziabad was purely civil in nature, Civil Suit No.663 of 2023 (Padam Singh Vs. Sabir and others) being pending, and relied on Ram Sumer Puri Mahant vs State of U.P., AIR 1985 SC 472 - Opposite party no.2 (Kasim) contended the application had become infructuous, the Section 145 proceedings having been finally decided by order dated 20.11.2025, against which he had preferred Criminal Revision No.704 of 2025, pending before the revisional court - Held: nothing further survives for adjudication in the Section 482 application as no effective relief can now be granted; application dismissed as infructuous; dismissal not to prejudice either party's rights in the pending revision, which is to be decided expeditiously in accordance with law; operation of the impugned order dated 20.11.2025 to remain stayed till disposal of Criminal Revision No.704 of 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 9359 of 2024

Padam Singh

.....Applicant(s)

State Of U.P. And 2 Others	Versus	.....O	pposite Party(s)
Counsel for Applicant(s) :	Amit Kumar Shukla, Deobanshi	Ram	Lakhan
Counsel for Opposite Party(s):	Ayush Mishra, G.A., Prabha Shanker Narayan Mishra	Mohd Mishra,	Harish, Vidit

Court No. - 82

HON'BLE PADAM NARAIN MISHRA, J.

Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel appearing for opposite party no.2.

The present application under Section 482 Cr.P.C. has been filed for quashing of the proceedings initiated under Section 145 Cr.P.C. pursuant to challani report dated 17.10.2023 pending before the Special Executive Magistrate/Deputy Commissioner of Police, Trans Hindan, Ghaziabad as well as order dated 30.04.2024 and 20.11.2025 passed by Special Executive Magistrate.

Learned counsel for the applicant submits that the dispute between the parties is purely civil in nature relating to land bearing Gata No.1296 and 1707 situated at Village Pasaunda, Jawahar Park, Sahibabad, District Ghaziabad. It is submitted that prior to initiation of proceedings under Section 145 Cr.P.C., the applicant had already instituted Civil Suit No.663 of 2023 (Padam Singh Vs. Sabir and others) before the competent Civil Court seeking permanent prohibitory injunction in respect of the disputed property. It is further submitted that despite pendency of the aforesaid civil proceedings, police authorities illegally submitted challani report dated 17.10.2023 leading to initiation of proceedings under Section 145 Cr.P.C., which is contrary to settled principles of law laid down by the Hon'ble Supreme Court in Ram Sumer Puri Mahant vs State of U.P. AIR 1985 SC 472 .

A482 No. 9359 of 2024

2

Per contra, learned counsel for opposite party no.2 opposed the aforesaid submissions and submitted that the present application has become infructuous inasmuch as the proceedings under Section 145 Cr.P.C. have already been finally decided vide order dated 20.11.2025 by the competent authority. It is further submitted that against the aforesaid order dated 20.11.2025, opposite party no.2 namely Kasim has already preferred Criminal Revision No.704 of 2025 challenging the legality and propriety of the said order and the same is pending consideration before the revisional court which applicant already appeared. Learned counsel for opposite party no.2, therefore, submits that since final order has already been passed in proceedings under Section 145 Cr.P.C., the relief sought in the present application no longer survives and the instant application is liable to be dismissed as infructuous.

Having heard learned counsel for the parties and upon perusal of the record, this Court finds that the proceedings under Section 145 Cr.P.C., which were subject matter of challenge in the present application, have already culminated into final order dated 20.11.2025. This Court further finds on perusal of counter affidavit that the said final order is already under challenge before the competent revisional court in Criminal Revision No.704 of 2025 and applicant has also appeared in the aforesaid case. Consequently, nothing further survives for adjudication in the present application under Section 482 Cr.P.C., as no effective relief can now be granted.

Accordingly, in view of subsequent developments, the present application under Section 482 Cr.P.C. is dismissed as having become infructuous.

However, it is observed that dismissal of the present application shall not prejudice the rights of either party in pending Criminal Revision No.704 of 2025, which shall be decided expeditiously in accordance with law.

The operation of the impugned order dated 20.11.2025 shall remain stayed till the disposal of Criminal Revision No. 704 of 2025.

March 17, 2026 Akram

(Padam Narain Mishra,J.)

Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad