Amit Kumar Singh v. State Of U.P. Thru. Prin. Secy. U.P. Lko. And Another

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. This application has been filed with the following prayer:- "To quash the entire proceedings of Case No. 28207/2025 (State Versus Amit Singh & other), arising out of Case Crime No. 574 of 2023, under Sections 147, 323, 504, 506, 420 & 447 I.P.C., Police Station- Sushant Golf City, District- Lucknow, pending in Chief Judicial Magistrate, Lucknow, as well as the impugned charge-sheet dated

06.08.2024, and supplementary charge-sheet dated 13.12.2024 having charge-sheet No. 01/2024, and 02/2024 respectively submitted by the Investigating Officer, and Summoning Order dated 10.03.2025 issued by Chief Judicial Magistrate, Lucknow."

3. Learned counsel for the applicant submits that the property in question was recorded in the name of father of Ram Kumar in revenue record, after whose death, the names of Ram Kumar and his brother- Ram Deen were mutated. The property in question was then divided between Ram Kumar and his brother on the basis of family settlement. The share of Ram Deen was sold out to some other persons whose names were also mutated in the revenue record. Thereafter, Ram Kumar executed a registered agreement to sell on 05.10.2023 in favour of the applicant for his share. It is further submitted that the officers of M/s Ansal Properties and Infrastructure Limited, Registered Office at 115 Ansal Bhawan, 16 Kasturba Marg, New Delhi, Branch Office at First Floor of YMCA Campus, 13 Rana Pratap Marg, Lucknow, present address- Ansal A.P.I. Shopping Square 2 A482 No. 9148 of 2025 Complex, Sector-D, Lucknow, were interfering in the share of Ram Kumar. Feeling aggrieved, Ram Kumar filed a suit for permanent injunction before learned Civil Judge, J.D., Lucknow (Ram Kumar Vs. Ansal Properties and 6 others), which was registered as Regular Suit No. 2511 of 2023 and stay order was passed in favour of Ram Kumar on 19.10.2023. It is next submitted that on the basis of concocted facts, Manish Kumar, who was Junior Engineer (Land) in M/s Ansal Properties and Infrastructure Ltd., Lucknow, lodged an F.I.R. No. 573 of 2023 u/s 147, 323, 504, 506, 419, 420, 467, 468, 471, 447 I.P.C. at Police Station- Sushant Golf City on

21.10.2023 with the allegations that in accordance with the provisions of High-Tech Township, 2003 and 2007, M/s Ansal Properties and Infrastructure Ltd. (hereinafter referred as the 'Company') is developing a High-Tech Township in the name of Sushant Golf City and also executed a consortium agreement. Further allegations are that Mahesh s/o Mishrilal, Sarvajeet Rawat s/o Durjan, Surajpal s/o Bhagwandeen are the members of registered consortium. It is also alleged therein that 0.8093 hectares land out of 0.912 hectares of Khasra No. 146, Village- Madharmau Kalan, Pargana & Tehsil- Mohanlalganj, District- Lucknow was purchased by members of registered consortium, namely, Mahesh, Sarvajeet Rawat, Surajpal from the persons, namely, Phoolchandra, Omprakash (both s/o Orilal) r/o Village- Madharmau Kalan, Pargana & Tehsil- Mohanlalganj, District- Lucknow, Ram Kishore s/o Garibe r/o Sahu Building, Hazratganj, Lucknow, Satyendra Kumar s/o Jagdish Prasad r/o 530/58, Aanand Bhawan, Mankameshvar Mandir Marg, Daliganj, Lucknow, Ram Sumerin s/o Garibe r/o Sahu Building, Hazratganj, Lucknow, Rakesh Kumar s/o Jagdish r/o Balu Adda, Rana Pratap Marg, Lucknow by way of registered deed dated 13.02.2008,

25.06.2008, 02.06.2008, 28.09.2010 and 28.10.2010 respectively, and boundary was also raised around the property. It is alleged therein that on

20.10.2023 at about 11:30 am, the applicant alongwith 70-75 persons armed with iron rod, lathi, danda and illegal weapons visited the aforesaid plot and some persons among them were in uniform of Advocate; as these accused persons were trying to take possession of the aforesaid property, the officials of Company, namely, Mr. Vijay Pratap Singh (G.M. Security), Mr. R.P. Rai (Senior Security Officer), Mr. Ram Bahadur (Security Officer), Mr. Manoj Kumar Yadav (Security Officer) and Mr. Ranvijay Singh (Security Officer) reached on the spot for stopping them from taking possession over the property in question. In furtherance, the applicant and his associates started 3 A482 No. 9148 of 2025 abusing and giving life threat. It is also submitted that for the same incident, the F.I.R. of the case in question was lodged as Case Crime No. 574 of 2023 by the private respondent u/s 147, 323, 504, 506, 419, 420, 467, 468, 471, 447 I.P.C. on

21.10.2023 at 20:30 hours with the allegations that the private respondent purchased a plot no. J/4/EB04 of area 242 square meters from the Company through registered sale deed dated 10.12.2021, which was registered in the office of Registrar, Sarojini Nagar, Lucknow. It is further alleged therein that on 20.10.2023 at about 12:00 noon, it came into her notice that some anti- social elements are taking possession over her plot, then she reached immediately on the plot and saw that the applicant along with 70-75 persons was present there armed with iron rod, lathi, danda and illegal weapons, out of whom few were in uniform of lawyer. The private respondent also informed about this incident to her husband- Ram Kripal Singh and officials of Company. Thereafter, some officers of the Company reached on the spot and tried to stop the applicant and his associates. As a result, they started abusing and also gave life threat, and the hand of private respondent was caught by them and they started dragging and beating her. After this incident, the private respondent went to the police station. Submission of learned counsel for the applicant is that once the F.I.R. of the alleged incident was lodged on the written complaint of Mr. Manish, who reached on the spot on the call of private respondent, then second F.I.R. for the same offence with the same allegation is not permissible. The private respondent with the association of the Company is trying to grab the property of Ram Kumar, as his share was never sold out to the Company. It was also obligatory on the part of police personnel to conduct the investigation of both the aforesaid F.I.R.s collectively. Relying on the judgment of Hon'ble Supreme Court in the case of T.T. Antony Vs. State of Kerala reported in 2001 (6) SCC 181, learned counsel for the applicant submits that different charge-sheets have been filed by the Investigating Officer in both the cases. No evidence is placed by the Investigating Officer on record regarding the fact that the property in question related to Ram Kumar was sold out to the Company. The share of the brother of Ram Kumar was sold out to some other persons and before selling his share, the property was divided on the basis of family settlement, hence, indulgence of this Court is required. 4 A482 No. 9148 of 2025

4. Learned A.G.A. prays for some time to file counter affidavit.

5. Considering the submissions of learned counsel for the parties and perusing the record, it is evident that aforesaid two F.I.R.s were lodged for the same incident and in both the cases, the charge-sheets have already been submitted by the Investigating Officer. The revenue record reveals that the property in question is still recorded in the name of Ram Kumar who has executed the agreement to sell in favour of the applicant. The suit for permanent injunction filed by Ram Kumar, in which stay order was passed on 19.10.2023, was also not considered by the Investigating Officer.

6. In view of above, the matter requires consideration.

7. Issue notice to the private respondent.

8. List this case on 08.12.2025.

9. Station House Officer, Police Station- Sushant Golf City, District- Lucknow South (Commissionerate Lucknow) is directed to inform to the private respondent, namely, Smt. Rekha Singh, w/o Ram Kripal Singh, r/o House No. 89, Sector New A-4, Sushant Golf City, about next listing of this case.

10. Till the next date of listing, the impugned proceedings shall remain stayed. November 21, 2025 Arpan (Rajeev Singh,J.)

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. This application has been filed with the following prayer:- "To quash the entire proceedings of Case No. 28207/2025 (State Versus Amit Singh & other), arising out of Case Crime No. 574 of 2023, under Sections 147, 323, 504, 506, 420 & 447 I.P.C., Police Station- Sushant Golf City, District- Lucknow, pending in Chief Judicial Magistrate, Lucknow, as well as the impugned charge-sheet dated

06.08.2024, and supplementary charge-sheet dated 13.12.2024 having charge-sheet No. 01/2024, and 02/2024 respectively submitted by the Investigating Officer, and Summoning Order dated 10.03.2025 issued by Chief Judicial Magistrate, Lucknow."

3. Learned counsel for the applicant submits that the property in question was recorded in the name of father of Ram Kumar in revenue record, after whose death, the names of Ram Kumar and his brother- Ram Deen were mutated. The property in question was then divided between Ram Kumar and his brother on the basis of family settlement. The share of Ram Deen was sold out to some other persons whose names were also mutated in the revenue record. Thereafter, Ram Kumar executed a registered agreement to sell on 05.10.2023 in favour of the applicant for his share. It is further submitted that the officers of M/s Ansal Properties and Infrastructure Limited, Registered Office at 115 Ansal Bhawan, 16 Kasturba Marg, New Delhi, Branch Office at First Floor of YMCA Campus, 13 Rana Pratap Marg, Lucknow, present address- Ansal A.P.I. Shopping Square 2 A482 No. 9148 of 2025 Complex, Sector-D, Lucknow, were interfering in the share of Ram Kumar. Feeling aggrieved, Ram Kumar filed a suit for permanent injunction before learned Civil Judge, J.D., Lucknow (Ram Kumar Vs. Ansal Properties and 6 others), which was registered as Regular Suit No. 2511 of 2023 and stay order was passed in favour of Ram Kumar on 19.10.2023. It is next submitted that on the basis of concocted facts, Manish Kumar, who was Junior Engineer (Land) in M/s Ansal Properties and Infrastructure Ltd., Lucknow, lodged an F.I.R. No. 573 of 2023 u/s 147, 323, 504, 506, 419, 420, 467, 468, 471, 447 I.P.C. at Police Station- Sushant Golf City on

21.10.2023 with the allegations that in accordance with the provisions of High-Tech Township, 2003 and 2007, M/s Ansal Properties and Infrastructure Ltd. (hereinafter referred as the 'Company') is developing a High-Tech Township in the name of Sushant Golf City and also executed a consortium agreement. Further allegations are that Mahesh s/o Mishrilal, Sarvajeet Rawat s/o Durjan, Surajpal s/o Bhagwandeen are the members of registered consortium. It is also alleged therein that 0.8093 hectares land out of 0.912 hectares of Khasra No. 146, Village- Madharmau Kalan, Pargana & Tehsil- Mohanlalganj, District- Lucknow was purchased by members of registered consortium, namely, Mahesh, Sarvajeet Rawat, Surajpal from the persons, namely, Phoolchandra, Omprakash (both s/o Orilal) r/o Village- Madharmau Kalan, Pargana & Tehsil- Mohanlalganj, District- Lucknow, Ram Kishore s/o Garibe r/o Sahu Building, Hazratganj, Lucknow, Satyendra Kumar s/o Jagdish Prasad r/o 530/58, Aanand Bhawan, Mankameshvar Mandir Marg, Daliganj, Lucknow, Ram Sumerin s/o Garibe r/o Sahu Building, Hazratganj, Lucknow, Rakesh Kumar s/o Jagdish r/o Balu Adda, Rana Pratap Marg, Lucknow by way of registered deed dated 13.02.2008,

25.06.2008, 02.06.2008, 28.09.2010 and 28.10.2010 respectively, and boundary was also raised around the property. It is alleged therein that on

20.10.2023 at about 11:30 am, the applicant alongwith 70-75 persons armed with iron rod, lathi, danda and illegal weapons visited the aforesaid plot and some persons among them were in uniform of Advocate; as these accused persons were trying to take possession of the aforesaid property, the officials of Company, namely, Mr. Vijay Pratap Singh (G.M. Security), Mr. R.P. Rai (Senior Security Officer), Mr. Ram Bahadur (Security Officer), Mr. Manoj Kumar Yadav (Security Officer) and Mr. Ranvijay Singh (Security Officer) reached on the spot for stopping them from taking possession over the property in question. In furtherance, the applicant and his associates started 3 A482 No. 9148 of 2025 abusing and giving life threat. It is also submitted that for the same incident, the F.I.R. of the case in question was lodged as Case Crime No. 574 of 2023 by the private respondent u/s 147, 323, 504, 506, 419, 420, 467, 468, 471, 447 I.P.C. on

21.10.2023 at 20:30 hours with the allegations that the private respondent purchased a plot no. J/4/EB04 of area 242 square meters from the Company through registered sale deed dated 10.12.2021, which was registered in the office of Registrar, Sarojini Nagar, Lucknow. It is further alleged therein that on 20.10.2023 at about 12:00 noon, it came into her notice that some anti- social elements are taking possession over her plot, then she reached immediately on the plot and saw that the applicant along with 70-75 persons was present there armed with iron rod, lathi, danda and illegal weapons, out of whom few were in uniform of lawyer. The private respondent also informed about this incident to her husband- Ram Kripal Singh and officials of Company. Thereafter, some officers of the Company reached on the spot and tried to stop the applicant and his associates. As a result, they started abusing and also gave life threat, and the hand of private respondent was caught by them and they started dragging and beating her. After this incident, the private respondent went to the police station. Submission of learned counsel for the applicant is that once the F.I.R. of the alleged incident was lodged on the written complaint of Mr. Manish, who reached on the spot on the call of private respondent, then second F.I.R. for the same offence with the same allegation is not permissible. The private respondent with the association of the Company is trying to grab the property of Ram Kumar, as his share was never sold out to the Company. It was also obligatory on the part of police personnel to conduct the investigation of both the aforesaid F.I.R.s collectively. Relying on the judgment of Hon'ble Supreme Court in the case of T.T. Antony Vs. State of Kerala reported in 2001 (6) SCC 181, learned counsel for the applicant submits that different charge-sheets have been filed by the Investigating Officer in both the cases. No evidence is placed by the Investigating Officer on record regarding the fact that the property in question related to Ram Kumar was sold out to the Company. The share of the brother of Ram Kumar was sold out to some other persons and before selling his share, the property was divided on the basis of family settlement, hence, indulgence of this Court is required. 4 A482 No. 9148 of 2025

4. Learned A.G.A. prays for some time to file counter affidavit.

5. Considering the submissions of learned counsel for the parties and perusing the record, it is evident that aforesaid two F.I.R.s were lodged for the same incident and in both the cases, the charge-sheets have already been submitted by the Investigating Officer. The revenue record reveals that the property in question is still recorded in the name of Ram Kumar who has executed the agreement to sell in favour of the applicant. The suit for permanent injunction filed by Ram Kumar, in which stay order was passed on 19.10.2023, was also not considered by the Investigating Officer.

6. In view of above, the matter requires consideration.

7. Issue notice to the private respondent.

8. List this case on 08.12.2025.

9. Station House Officer, Police Station- Sushant Golf City, District- Lucknow South (Commissionerate Lucknow) is directed to inform to the private respondent, namely, Smt. Rekha Singh, w/o Ram Kripal Singh, r/o House No. 89, Sector New A-4, Sushant Golf City, about next listing of this case.

10. Till the next date of listing, the impugned proceedings shall remain stayed. November 21, 2025 Arpan (Rajeev Singh,J.)