Baby and another vs State of U.P. through Secretary… — Cheating and Forgery | Allahabad HC (2026)

Baby and another vs State of U.P. through Secretary… — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the petitioners in pursuance to the F.I.R. dated 12.04.2026 (Case Crime No. 0139 of 2026, P.S. Sandila, District Hardoi) till the next date of listing, conditional on full cooperation in the investigation; notice to opposite party No.4; respondents to file counter affidavit(s) within four weeks; rejoinder within two weeks thereafter; list thereafter. Petition not finally decided.

Issue for consideration

Whether interim protection from coercive action pursuant to the F.I.R. dated 12.04.2026 (Case Crime No. 0139 of 2026, P.S. Sandila, District Hardoi) should be granted to the petitioners, who contend they are bona fide purchasers for value of land allegedly sold pursuant to a fraudulently prepared Power of Attorney.

Court's answer

Prima facie, a case for interference is made out; accordingly, no coercive action shall be taken against the petitioners in pursuance to the F.I.R. (Case Crime No. 0139 of 2026) till the next date of listing.

Ratio / Principle

The interim protection is conditional: the petitioners shall extend full cooperation in the investigation, failing which the interim protection may be withdrawn upon an application moved by the prosecution or the complainant.

Detailed headnote1 paragraphs

Interim order in Criminal Misc. Writ Petition No. 4113 of 2026 (High Court of Judicature at Allahabad, Lucknow Bench, Court No. 11; Abdul Moin and Pramod Kumar Srivastava, JJ.) challenging the F.I.R. dated 12.04.2026, registered as Case Crime No. 0139 of 2026 at Police Station Sandila, District Hardoi, under Sections 318(4), 319(2), 336(4), 338, 340(2), 352 and 351(3) of BNS, 2023, lodged by opposite party No.4. Petitioners contend that certain persons fraudulently got prepared a fake Power of Attorney and sold a piece of land, and that the petitioners are bona fide subsequent purchasers vide registered sale deed dated 30.04.2026 (Annexure S.A.-1), paying Rs. 43 lacs through RTGS against an approximate market value of 21.87 lacs, and therefore cannot be said to have participated in the fraud. The Court found a prima facie case for interference and directed that no coercive action shall be taken against the petitioners in pursuance to the FIR till the next date of listing, subject to the petitioners extending full cooperation in the investigation, failing which the interim protection may be withdrawn upon an application by the prosecution or the complainant. Counter affidavit within four weeks, rejoinder within two weeks thereafter; notice to opposite party No.4; matter to be listed thereafter.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. WRIT PETITION No. - 4113 of 2026

Baby And Another

.....Petitioner(s)

Versus

State Of U.P. Through Secretary Home And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Devendra Pratap, Saad	Husain,
	Shashank Shekhar Singh
Counsel for Respondent(s)	: G.A.

Court No. - 11

HON'BLE ABDUL MOIN, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J.

Heard Sri Ayush Pratap, holding brief of Sri Devendra Pratap, learned counsel for the petitioners and learned A.G.A. appearing for the State.

Notice on behalf of respondent Nos. 1 to 3 has been accepted by the office of the learned Government Advocate.

Issue notice to the opposite party No.4. Steps to be taken within period of one week.

The respondents are granted four weeks' time to file counter affidavit(s). Two weeks' time thereafter shall be available to the learned counsel for the petitioners to file a rejoinder affidavit.

5. List thereafter.

Under challenge is the F.I.R. dated 12.04.2026 registered at Police Station Sandila, District Hardoi as a Case Crime No. 0139 of 2026, under Sections 318(4), 319(2), 336(4), 338, 340(2), 352 and 351(3) of BNS, 2023, lodged by the opposite party No.4 against the petitioners.

The contention of learned counsel for the petitioners is that from perusal of the impugned F.I.R. it emerges that certain persons have fraudulently got prepared a fake Power of Attorney and had sold a piece of land. The petitioners are bona fide subsequent purchasers of the said land, having

CRLP No. 4113 of 2026

2

purchased the same vide a registered sale deed dated 30.04.2026, a copy whereof has been filed as Annexure S.A.-1 to the supplementary affidavit.

Contention is that from perusal of the sale deed, it emerges that the market value of the said land is approximately 21.87 lacs viz-a-viz, the purchase amount which has been paid by the petitioners, which is Rs. 43 lacs, which has been paid through RTGS.

9.The contention is that in case any fraud has been committed by certain persons, consequently the petitioners in the capacity of bona fide purchasers having paid the valuable consideration for the said land, cannot be said to have participated in the said fraud and hence the FIR which has been lodged against the petitioners is fallacious and misconceived.

Considering the aforesaid, prima facie, case for interference is made out. As such, it is provided that no coercive action shall be taken against the petitioners in pursuance to the aforesaid FIR till the next date of listing.

Needless to mention that the petitioners shall extend full cooperation in the investigation, failing which this interim protection may be withdrawn upon an application moved by the prosecution or the complainant.

(Pramod Kumar Srivastava,J.) (Abdul Moin,J.)

May 11, 2026

Arvind

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