Amit Kumar Pandey and 2 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

By means of the instant writ petition under Article 226 of the Constitution, the petitioners are seeking quashing of first information report No.0703 of 2025 lodged at Police Station Kotwali Nagar, District Ayodhya on 24.12.2025 under Sections 319 (2), 318(4), 338, 336 (3), 340 (2), 351(3) of B.N.S. (corresponding Sections 419, 420, 467, 468, 471, 506 IPC) by opposite party No.4 against five accused persons, including the petitioners.

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The first information report alleges that complainant's father had purchased the land bearing gata No.362 measuring 0.1040 hectare and gata No.363 Kha measuring 1.051 hectare situated in Village Mauja Janaura, Pargana Haveli Awadh, Tehsil Sadar, District Ayodhya, through a registered sale deed dated 27.5.1976 from the recorded tenure holder, Mahadev Prasad. He had constructed a residential house on 1000 squares feet land and had secured the remaining land by constructing a boundary wall. The complainant's father used to reside in District Bijnor and his properties were looked after by his brother, Ram Kumar Agarwal alias Ram Babu.

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CRLP No. 12373 of 2025

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2

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Upon coming to know about death of Ram Kumar Agarwal alias Ram Babu on 19.7.2010, the complainant's family members visited Ayodhya and they came to know that Ram Kumar Agarwal alias Ram Babu, father of the complainant, Prabhat Kumar Agarwal (the petitioner of writ C No.12372 of 2025) had taken possession of the house, committed theft of the household goods, killed his wife and daughter-in-law and committed suicide. Prabhat Kumar Agarwal lodged first information report in this regard but in place of name of deceased Ram Kumar Agarwal, he mentioned the name of the complainant's father Sri Krishna Kumar Agarwal alias Ram Babu. On 19.7.2010 he prepared a forged death certificate and on 12.10.2010, he got his name recorded in place of complainant's father Sri Krishna Kumar Agarwal.

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Upon coming to know about aforesaid facts, complainant's father Sri Krishna Kumar Agarwal filed an application for striking out the name of Prabhat Kumar Agarwal and recording his name, which application was allowed by means of order dated 12.10.2010 passed by Additional Tehsildar (Judicial), Sadar, Ayodhya. Prabhat Kumar Agarwal filed an appeal against the aforesaid order, which was dismissed on 16.7.2024. He filed a civil suit in the court of Civil Judge (Senior Division), District Faizabad but failed to get a stay order. The first information report alleged that on 25.8.2025 Prabhat Kumar Agarwal entered into an agreement for sale of the complainant's properties to Rajendra Kumar Gupta and Amit Kumar Pandey (petitioners No. 2 and 1 respectively of writ C No.12373 of 2025). Sanjeev Tripathi, the petitioner No.3 of writ C No.12373 of 2025, witnessed execution of the agreement to sale.

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Learned counsel for the petitioners has submitted that the contents of the first information report make out a civil dispute between the parties and the first information report has been lodged as gross abuse of the process of law. He has submitted that on similar submissions Prabhat Kumar Agarwal had filed a Criminal Miscellaneous Writ Petition No.3262 of 2025 in which an interim

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CRLP No. 12373 of 2025

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3

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order has been passed by a coordinate Bench of this Court on 21.4.2025.

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The matter requires consideration.

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Issue notice to opposite party No.4, returnable at an early date.

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Learned counsel for the petitioners shall take requisite steps in this regard within a period of one week.

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The opposite parties may file counter affidavit within four weeks.

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Rejoinder affidavit, if any, may be filed within one week thereafter.

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List in week commencing 16.3.2026.

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As an interim measure, it is provided that till the next date of listing, the petitioners shall not be arrested in pursuance of first information report No.0703 of 2025 filed at Police Station Kotwali Nagar, District Ayodhya on 24.12.2025 under Sections 319 (2), 318(4), 338, 336 (3), 340 (2), 351(3) of BNS (corresponding Sections 419, 420, 467, 468, 471, 506 IPC).

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(Subhash Vidyarthi,J.) (Alok Mathur,J.)

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January 3, 2026 RKM.

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

Amit Kumar Pandey and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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Amit Kumar Pandey and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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