Akshay Pratap Singh vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2026)

Akshay Pratap Singh vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Writ petition admitted and notice issued; learned AGA-I accepted notice for respondent no. 1 with two weeks' time to file counter affidavit; service on respondent no. 2 to be effected by RPAD within four working days; matter listed for orders on 27.04.2026 along with report on service and status of affidavits. Interim relief: petitioner shall not be arrested in Case Crime No. 97 of 2026 until further orders; order to be communicated to the Superintendent of Police, Auraiya and the S.H.O., P.S. Bidhuna through the learned Chief Judicial Magistrate, Auraiya by 13.04.2026.

Issue for consideration

Whether the dispute underlying the impugned FIR (Case Crime No. 97 of 2026) is criminal in nature or is essentially a civil dispute concerning the right to inherit, identity of ancestors, parentage and pedigree vis-a-vis the property in dispute. +1 more

Court's answer

On a perusal of the impugned FIR, the dispute is prima facie essentially civil in nature, involving the right to inherit, determination of the identity of ancestors, parentage and pedigree vis-a-vis the disputed property, with allegations of property dispositions in connivance with the local Lekhpal arising from two men named Dhirendra Singh whose fathers were both named Pitambri Singh of the same village.

Ratio / Principle

As an interim measure, until further orders of the Court, the petitioner Akshay Pratap Singh shall not be arrested in Case Crime No. 97 of 2026, under Sections 318 (4), 319 (2), 336 (4), 338, 340 (2), 61 (2), 324 (4) BNS, Police Station Bidhuna, District Auraiya.

Detailed headnote1 paragraphs

Allahabad High Court (J.J. Munir and Tarun Saxena, JJ.), Criminal Misc. Writ Petition No. 7661 of 2026, Akshay Pratap Singh v. State of U.P. and Another, order dated 09.04.2026: Writ petition against FIR/Case Crime No. 97 of 2026 under Sections 318(4), 319(2), 336(4), 338, 340(2), 61(2) and 324(4) BNS of P.S. Bidhuna, District Auraiya. On perusal of the FIR, the Court found the dispute prima facie essentially civil in nature, involving the right to inherit, determination of identity of ancestors, parentage and pedigree vis-a-vis the disputed property, arising from the coincidence of two men named Dhirendra Singh whose fathers were both named Pitambri Singh of the same village, with allegations of property dispositions in connivance with the local Lekhpal. Petition admitted; notice issued; Mr. Ghanshyam Kumar, learned AGA-I, accepted notice for respondent no. 1 and was granted two weeks to file a counter affidavit; service on respondent no. 2 by RPAD within four working days; listed for orders on 27.04.2026. Interim order: petitioner not to be arrested in the said case crime until further orders; direction to communicate the order through the Chief Judicial Magistrate, Auraiya to the Superintendent of Police, Auraiya and the S.H.O., P.S. Bidhuna by 13.04.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 7661 of 2026

Akshay Pratap Singh

.....Petitioner(s)

Versus

State of U.P. and Another

.....Respondent(s)

Counsel for Petitioner(s)	: Rajnish Kumar Srivastava	Srivastava, Siddharth
Counsel for Respondent(s)	: G.A.
Court No.- 47

HON'BLE J.J. MUNIR, J. HON'BLE TARUN SAXENA, J.

Order on Writ Petition

A perusal of the impugned FIR shows that it is essentially a civil dispute involving the right to inherit, including determination of identity of the party's ancestors, parentage and pedigree vis-a-vis the property in dispute. It is said that there were two men called Dhirendra Singh and the fathers of both of them were called Pitambri Singh. They were both residents of the same village. It is on account of this exceptional co-incidence that dispositions of property by their successors has been castigated by one of them to be in connivance with the local Lekhpal.

This dispute prima facie is essentially civil in nature.

Admit.

Issue notice.

Notice on behalf of respondent no. 1 is accepted by Mr. Ghanshyam Kumar, learned AGA-I. He is granted two weeks' time to file a counter affidavit.

Steps to serve respondent no.2 shall be taken by RPAD within four working days.

CRLP No. 7661 of 2026

2

List for orders on 27.04.2026, along with a report regarding service of postal track attached.

The office also shall put in a report regarding status of affidavits.

Order on Criminal Misc. Stay Application No.1 of 2026:

Issue notice.

Until further orders of this Court, the petitioner Akshay Pratap Singh shall not be arrested in Case Crime No. 97 of 2026, under Sections 318 (4), 319 (2), 336 (4), 338, 340 (2), 61 (2), 324 (4) BNS Police Station Bidhuna District Auraiya.

Let this order be communicated to the Superintendent of Police, Auraiya and the S.H.O., P.S. Bidhuna, District Auraiya through the learned Chief Judicial Magistrate, Auraiya by the Registrar (Compliance) by Monday i.e. 13.04.2026.

(Tarun Saxena,J.) (J.J. Munir,J.)

April 9, 2026

C. MANI/ Prashant

Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad