Subroto Majumdar v. State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another

1. Heard Sri Prashant Chandra, learned Senior Advocate assisted by Sri Anshuman Singh, learned counsel for the applicant and Dr. V.K. Singh, learned Government Advocate.

2. This application has been filed with the following prayer:- "To quash the First Information Report dated 04.10.2018 bearing Case Crime No. 525 of 2018, under Sections 420, 467, 468 and 471 IPC at Police Station- Bazarkhala, District- Lucknow and the chargesheet dated 19.11.2018 as well as all consequent criminal proceedings bearing Criminal Case No. 5684 of 2018 and the summoning order dated 23.11.2018 and to allow this petition with costs."

3. On 13.11.2025, following order was passed:- "1. Heard Sri Prashant Chandra, Senior Advocate assisted by Sri Anshuman Singh, learned counsel for the applicant and Dr. V.K. Singh, Government Advocate assisted by Sri Shivendra Shivam Singh Rathore, learned A.G.A. and Sri Ratnesh Chandra, learned counsel for the L.D.A.

2. On 31.10.2025, following order was passed :-

1. Heard Sri Prashant Chandra, learned Senior Advocate assisted by Sri Anshuman Singh, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned A.G.A. for the State.

2. This application has been filed with the following prayer:- "To quash the F.I.R. dated 04.10.2018 bearing Case Crime No. 525 of 2018 u/s 420, 467, 468, 471 I.P.C., Police Station- Bazarkhala, District- Lucknow 2 A482 No. 9124 of 2025 and the charge-sheet dated 19.11.2018 as well as proceedings of Crl. Case No. 5684 of 2018, and to quash the summoning order dated 23.11.2018."

3. Learned counsel for the applicant submits that if entire evidence collected by the Investigating Officer is considered properly, no offence under Sections 420, 467, 468, 471 I.P.C. would be made out against the applicant. He further submits that the charge-sheet was submitted by the Investigating Officer in the most mechanical manner, on which, cognizance was taken by learned trial Court, hence, indulgence of this Court is required.

4. Learned A.G.A. submits that Sri Yogeshwar Rishikul Balved Vidyapeeth Junior High School, Yogeshwar Math Road, Saadatganj, Lucknow is a registered Society under the provisions of Societies Registration Act, 1860 vide Registration No.394/1964-65. The said Society is running educational institutions. After considering the work of the Society, on its request for extension of educational institutions having been run by the aforesaid Society, the State Government issued notification dated 27.06.1975 for acquisition of Plots Nos. 161A, 161B, 162, 163, 164, 165(Me), 166(Me), 167(Me), 168, 169, 170, 171, 172, 173(Me), 174(Me), 180(Me), 181, 183, 184, 185A, 186, 185B, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197 and 199 of Village- Biharipur, Paragana- Lucknow, Lucknow, admeasuring area 14.395 acres. The State authorities handed over the possession to the Society by issuing a possession certificate dated 21.06.1976. It is further submitted by learned A.G.A. that the property in question was given to the Society for extension of educational institutions on a very meager amount. However, in place of making extension of institutions, Member of the Society decided to sell out the property to some developers. Further, the collusive proceeding was initiated before learned District Judge, Lucknow as well as learned Civil Judge (Senior Division), Malihabad, Lucknow. When this fact came into notice, the impugned F.I.R. was lodged by Principal of one of the Institutes, which are being run by the Society and after investigation, the charge sheet was submitted.

5. Learned A.G.A. prays for some time to place complete instructions.

6. List this case on 11.11.2025 at 11:30 A.M.

7. It is expected that learned Government Advocate will assist the Court on the next date.

8. In the meantime, Vice Chairman, Lucknow Development Authority shall place comprehensive written instructions about the acquisition and handing over the property in question and the award in relation to the acquisition of the property. 3 A482 No. 9124 of 2025

9. Senior Registrar of this Court is also directed to communicate this order to the Vice Chairman, Lucknow Development Authority for necessary compliance, forthwith.

3. In response to the aforesaid order, written instructions duly signed by Mr. D.B. Pathak, Legal Consultant, Lucknow Development Authority and Mr. Arpit Kumar Verma, Amin, Lucknow Development Authority dated

12.11.2025 is placed before this Court, same is taken on record.

4. Sri Ratnesh Chandra, learned counsel for Lucknow Development Authority informs that acquisition proceeding was initiated by the L.D.A. by issuing notification under Section 4/17 dated 27.6.1987 and notification under Section 6/17 dated 6.7.1987, thereafter, award was also issued on

7.6.1996. At the same time, it came into the notice that land was already acquired by the Education Department and same was handed over to the Society in question, thereafter, by issuing notification under Section 48(1) of Land Acquisition Act, 1984, the proceeding was withdrawn vide notification dated 19.6.2022.

5. Dr. V.K. Singh, Government Advocate submits that under the provisions of Uttar Pradesh Educational Institutions (Prevention of Dissipation of Assets) Act, 1974 prior approval is necessary from the State Government for transferring the property and in the present case, no approval was obtained, therefore, some time may be granted to file reply.

6. Prayer is allowed.

7. List this case on 24.11.2025 within top ten cases.

8. In the meantime, counter affidavit may be filed by the respondent no.1.

9. The S.H.O., Police Station Bazarkhala, District - Lucknow is also directed to ensure the presence of respondent no.2 - Sri Mahesh Kumar s/o Sri Chheda Lal Sonkar, r/o 352A/II L.D.A. Tikaitrai Colony, P.S. Bazaarkhala, District - Lucknow, before this Court."

4. The complainant of the present case and Mr. Sumit Kumar, Sub Inspector, Police Station- Bazarkhala, District- Lucknow are present today before this Court. Mr. Sumit Kumar informs that the investigation was conducted by Sub Inspector- Daya Shanker Dwivedi whose posting has been changed.

5. Dr. V.K. Singh, learned Government Advocate prays for some time to file counter affidavit.

6. It is prima facie apparent that the sale deed was executed by the Secretary of the Society in pursuance of the permission granted by the District Judge in Case No. 142 4 A482 No. 9124 of 2025 of 1993 dated 03.08.1995.

7. Ten days' time is granted to Dr. V.K. Singh, learned Government Advocate for filing counter affidavit.

8. List this case on 11.12.2025.

9. Till the next date, no coercive action shall be taken against the applicant. November 24, 2025 Arpan (Rajeev Singh,J.)

1. Heard Sri Prashant Chandra, learned Senior Advocate assisted by Sri Anshuman Singh, learned counsel for the applicant and Dr. V.K. Singh, learned Government Advocate.

2. This application has been filed with the following prayer:- "To quash the First Information Report dated 04.10.2018 bearing Case Crime No. 525 of 2018, under Sections 420, 467, 468 and 471 IPC at Police Station- Bazarkhala, District- Lucknow and the chargesheet dated 19.11.2018 as well as all consequent criminal proceedings bearing Criminal Case No. 5684 of 2018 and the summoning order dated 23.11.2018 and to allow this petition with costs."

3. On 13.11.2025, following order was passed:- "1. Heard Sri Prashant Chandra, Senior Advocate assisted by Sri Anshuman Singh, learned counsel for the applicant and Dr. V.K. Singh, Government Advocate assisted by Sri Shivendra Shivam Singh Rathore, learned A.G.A. and Sri Ratnesh Chandra, learned counsel for the L.D.A.

2. On 31.10.2025, following order was passed :-

1. Heard Sri Prashant Chandra, learned Senior Advocate assisted by Sri Anshuman Singh, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned A.G.A. for the State.

2. This application has been filed with the following prayer:- "To quash the F.I.R. dated 04.10.2018 bearing Case Crime No. 525 of 2018 u/s 420, 467, 468, 471 I.P.C., Police Station- Bazarkhala, District- Lucknow 2 A482 No. 9124 of 2025 and the charge-sheet dated 19.11.2018 as well as proceedings of Crl. Case No. 5684 of 2018, and to quash the summoning order dated 23.11.2018."

3. Learned counsel for the applicant submits that if entire evidence collected by the Investigating Officer is considered properly, no offence under Sections 420, 467, 468, 471 I.P.C. would be made out against the applicant. He further submits that the charge-sheet was submitted by the Investigating Officer in the most mechanical manner, on which, cognizance was taken by learned trial Court, hence, indulgence of this Court is required.

4. Learned A.G.A. submits that Sri Yogeshwar Rishikul Balved Vidyapeeth Junior High School, Yogeshwar Math Road, Saadatganj, Lucknow is a registered Society under the provisions of Societies Registration Act, 1860 vide Registration No.394/1964-65. The said Society is running educational institutions. After considering the work of the Society, on its request for extension of educational institutions having been run by the aforesaid Society, the State Government issued notification dated 27.06.1975 for acquisition of Plots Nos. 161A, 161B, 162, 163, 164, 165(Me), 166(Me), 167(Me), 168, 169, 170, 171, 172, 173(Me), 174(Me), 180(Me), 181, 183, 184, 185A, 186, 185B, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197 and 199 of Village- Biharipur, Paragana- Lucknow, Lucknow, admeasuring area 14.395 acres. The State authorities handed over the possession to the Society by issuing a possession certificate dated 21.06.1976. It is further submitted by learned A.G.A. that the property in question was given to the Society for extension of educational institutions on a very meager amount. However, in place of making extension of institutions, Member of the Society decided to sell out the property to some developers. Further, the collusive proceeding was initiated before learned District Judge, Lucknow as well as learned Civil Judge (Senior Division), Malihabad, Lucknow. When this fact came into notice, the impugned F.I.R. was lodged by Principal of one of the Institutes, which are being run by the Society and after investigation, the charge sheet was submitted.

5. Learned A.G.A. prays for some time to place complete instructions.

6. List this case on 11.11.2025 at 11:30 A.M.

7. It is expected that learned Government Advocate will assist the Court on the next date.

8. In the meantime, Vice Chairman, Lucknow Development Authority shall place comprehensive written instructions about the acquisition and handing over the property in question and the award in relation to the acquisition of the property. 3 A482 No. 9124 of 2025

9. Senior Registrar of this Court is also directed to communicate this order to the Vice Chairman, Lucknow Development Authority for necessary compliance, forthwith.

3. In response to the aforesaid order, written instructions duly signed by Mr. D.B. Pathak, Legal Consultant, Lucknow Development Authority and Mr. Arpit Kumar Verma, Amin, Lucknow Development Authority dated

12.11.2025 is placed before this Court, same is taken on record.

4. Sri Ratnesh Chandra, learned counsel for Lucknow Development Authority informs that acquisition proceeding was initiated by the L.D.A. by issuing notification under Section 4/17 dated 27.6.1987 and notification under Section 6/17 dated 6.7.1987, thereafter, award was also issued on

7.6.1996. At the same time, it came into the notice that land was already acquired by the Education Department and same was handed over to the Society in question, thereafter, by issuing notification under Section 48(1) of Land Acquisition Act, 1984, the proceeding was withdrawn vide notification dated 19.6.2022.

5. Dr. V.K. Singh, Government Advocate submits that under the provisions of Uttar Pradesh Educational Institutions (Prevention of Dissipation of Assets) Act, 1974 prior approval is necessary from the State Government for transferring the property and in the present case, no approval was obtained, therefore, some time may be granted to file reply.

6. Prayer is allowed.

7. List this case on 24.11.2025 within top ten cases.

8. In the meantime, counter affidavit may be filed by the respondent no.1.

9. The S.H.O., Police Station Bazarkhala, District - Lucknow is also directed to ensure the presence of respondent no.2 - Sri Mahesh Kumar s/o Sri Chheda Lal Sonkar, r/o 352A/II L.D.A. Tikaitrai Colony, P.S. Bazaarkhala, District - Lucknow, before this Court."

4. The complainant of the present case and Mr. Sumit Kumar, Sub Inspector, Police Station- Bazarkhala, District- Lucknow are present today before this Court. Mr. Sumit Kumar informs that the investigation was conducted by Sub Inspector- Daya Shanker Dwivedi whose posting has been changed.

5. Dr. V.K. Singh, learned Government Advocate prays for some time to file counter affidavit.

6. It is prima facie apparent that the sale deed was executed by the Secretary of the Society in pursuance of the permission granted by the District Judge in Case No. 142 4 A482 No. 9124 of 2025 of 1993 dated 03.08.1995.

7. Ten days' time is granted to Dr. V.K. Singh, learned Government Advocate for filing counter affidavit.

8. List this case on 11.12.2025.

9. Till the next date, no coercive action shall be taken against the applicant. November 24, 2025 Arpan (Rajeev Singh,J.)