Anmol Seth & Anr. v. State Of U.P. And 4 Others

Heard learned counsel for the petitioners, learned counsel for respondent-Varanasi Development Authority and the learned A.G.A. for the State-respondent.

This writ petition is directed against the impugned first information report dated 1st August, 2024 which came to be registered as Case Crime No. 0222 of 2024, under Section 447 of I.P.C. and Section 26 of U.P. Urban Planning and Development Act, 1973, Police Station-Sigra, District-Varanasi. Still further, petitioner has prayed for a mandamus commanding/directing the respondents not to arrest the petitioners in pursuance of the impugned first information report.

From the records. we find that when the petitioners were getting certain building constructed on Plot/Arazi No. 65, Mauza-Habibpura, Ward-Chetganj, District-Varanasi, the respondent-Varanasi Development Authority (fort short "V.D.A.") had complained through an application before the Police Station-Sigra against the petitioners for violation of certain sealing orders and that there was violation of the sanctioned map. Other grievances of the V.D.A. were also ventilated. The application of the respondent-VDA was registered by means of the impugned first information report dated 1st August, 2024 giving rise to Case Crime No. 0222 of 2024, under Section 447 of I.P.C. and Section 26 of U.P. Urban Planning and Development Act, 1973 (hereianfter referred to as the "Act, 1973").

Learned counsel for the petitioners states that a bare perusal of the impugned first information report shows that there is no allegation with regard to any trespass being made by the petitioners in the land of any other person or of the State, therefore, no case was made out against the petitioners vis-a-vis Section 447 I.P.C. So far as the offence under Section 26 of the Act, 1973 is concerned, learned counsel for the petitioners informs that a Revision under Section 41 (3) of Act, 1973 was filed by the petitioners before the State Government and the State Government had now adjudicated the matter and had remitted it back to the Vice- Chairman, V.D.A. He, therefore, submits that now the matter had to be adjudicated by the V.D.A. itself, and that thereafter the petitioners would abide by that adjudication. He, therefore, that the investigation in pursuance of the first information report would be a futile exercise.

On the other-hand the learned counsel for the respondent- V.D.A. has opposed the present writ petition by submitting that when in a sealed property, any person had entered into, then definitely, offence under Section 447 of I.P.C. would be made out. He also submits that when a building was being constructed in contravention of sanctioned map, then also offence under Section 26 of Act, 1973 was committed.

Having considered the rival submissions made by the learned counsel for the parties and having gone through the records of the present writ petition, we are of the view that when now the State Government has decided the Revision filed under Section 41 (3) of Act, 1973 and the matter was subjudice before the Vice-Chairman, V.D.A, then no purpose would be served by further investigating the matter by the Police as per the impugned first information report.

In this view of the matter, the impugned first information report dated 1st August, 2024 which gave rise to Case Crime No. 0222 of 2024, under Section 447 of I.P.C. and Section 26 of U.P. Urban Planning and Development Act, 1973, Police Station-Sigra, District-Varanasi is set aside and quashed.

There shall be no order as to costs. (Madan Pal Singh, J.) (Siddhartha Varma, J.) Order Date :- 19.5.2025 Sushil/- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad