State of U.P. and Another v. Counsel for

1. Heard Sri Prathamesh Upadhyay, learned counsel for the applicants and Shri J.B. Singh, learned A.G.A. for the State.

2. This Court on 18.08.2025 required the learned AGA to seek instructions. He has produced the entire case dairy which is taken on record and marked as Appendix-A.

3. This application under Section 528 BNSS has been filed by the applicants to quash the Chargesheet No.1/2024 dated 20.12.2024, under Sections 147, 420, 323, 504, 506, 120B I.P.C., P.S. Badalpur, District- Gautam Buddh Nagar as well as summoning order dated 23.01.2025 and criminal proceeding of Criminal Case No.487/2024 (State v. Bhajan Lal and others) arising out of Case Crime No. 256/2024, pending before Addt. Chief Judicial Magistrate, First, Gautam Buddh Nagar.

4. The case of the applicants is that the first information report stood lodged by the opposite party no. 2 against the applicants being FIR No. 0256 dated 10.10.2024 on 19.13 hours under Sections 147, 420, 323, 504, 506, 120B I.P.C. with an allegation that the opposite party no. 2 happens to be the son of Indrajeet Singh who had been allotted plot on 25.12.2001 by the Uttar Railway Karamchari Sahkari Samiti Vidyut Loco Shed Ltd admeasuring 284 square yards, plot No. 4A, registration whereof number was 744 in the year 2001, possession whereof had been offered and electricity connection had also been taken and the same is in the name of father of the first informant and there was staying therein, however, in the year 2020, the father of the opposite party no. 2 expired and applicants herein on the basis of a forged and fictitious document in connivance with the officers and the employees of the Samiti showing the plot, despite the fact that there was house constructed 2 NA528 No. 20373 of 2025 on the basis of the witness, Gyanendra Malik son of Sidh Gopal, Narendra Singh, etc., the applicants got the sale deed executed without there being the consent of the opposite party no. 2 and when the same was resisted, the opposite party no. 2 was threatened that he could not take any legal action and assurance was also given to do the needful, however, the said registry which was assured to be cancelled and on 07.10.2023 at 12.00 in the noon, when the opposite party no. 2 was all alone in his house then the applicants herein barged into the house hurled abuses directing the opposite party no. 2 to vacate the house.

5. Post lodging of the complaint and recording of the statements, a chargesheet came to be submitted against the applicants being chargesheet no. 1 of 2024 dated 20.12.2024 under Sections 147, 420, 323, 504, 506, 120B I.P.C., police station Badalpur, District- Gautam Buddh Nagar and a summoning order also came to be issued on 23.01.2025 arising out of criminal case No. 487 of 2024 in case crime No. 256 of 2024, under Sections 147, 420, 323, 504, 506, 120B I.P.C.

6. Learned counsel for the applicants has submitted that the allegations contained in the first information report which culminated into a chargesheet and the summoning order cannot be sustained, particularly, when a civil dispute has been given a criminal tinch. Submission is that once as per the allegations in the first information report there happens to be a registered deed executed in favour of the applicants then the appropriate course open for the opposite party no. 2 was to take civil proceedings while filing a suit for cancellation of the sale deed. He submits that in order to circumvent the said procedures now a novel method of lodging of first information report has been adopted. He submits that the opposite party no. 2 only possesses a letter issued from the officials of the Uttar Railway Karamchari Sahkari Samiti Vidyut Loco Shed Ltd and as a matter of fact, page 66 happens to be a document which shows that the author of the said document has disowned responsibility of issuing the said document, particularly, when according to him, documents of the same nature are being manufactured as per the convenience of the beneficiaries which is nothing but an act of fraud.

7. Learned counsel for the applicants has also submitted that there is no question of cancellation of a sale deed by the applicants which is in their favor as in order to carve out the case in the first information report, it has been falsely alleged that assurance was being extended by the applicants for cancellation of the sale deed. He also submits that no such incident occurred on 07.10.2023 and the present proceedings is nothing but grossest misuse of 3 NA528 No. 20373 of 2025 process of law.

8. Shri J.P. Singh, learned AGA on the other hand submits that it is not a hard and fast rule that any dispute relating to a property would make it as a civil dispute as it has the offshoots of criminality, particularly, when a fraud is being committed while making fictitious document. According to him, in the present case, the allegation is of getting the registry done of a property which is not owned by the vendor in that regard. However, according to him, the factual issues, with the applicants seek to raise, can always be taken while filing a discharge application.

9. Learned counsel for the applicants submits that the applicants shall be filing a discharge application and till the discharge application is being decided, no coercive action be taken.

10. Learned AGA on the other hand submits that he has no objection to the same.

11. Looking into the overall facts of the case and without entering into the merits, the application is disposed of directing the applicants to submit a discharge application by 09.10.2025 to take all legal and factual grounds which are advisable and permissible under law and on the said motion, the court below shall decide the discharge application with most expedition.

12. Till the discharge application is decided, no coercive action is being taken against the applicants in pursuance of the Chargesheet No.1/2024 dated 20.12.2024, under Sections 147, 420, 323, 504, 506, 120B I.P.C., P.S. Badalpur, District- Gautam Buddh Nagar as well as summoning order dated 23.01.2025 and criminal proceeding of Criminal Case No.487/2024 (State v. Bhajan Lal and others) arising out of Case Crime No. 256/2024, pending before Addt. Chief Judicial Magistrate, First, Gautam Buddh Nagar.

13. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. September 12, 2025 A. Prajapati (Vikas Budhwar,J.) ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad

1. Heard Sri Prathamesh Upadhyay, learned counsel for the applicants and Shri J.B. Singh, learned A.G.A. for the State.

2. This Court on 18.08.2025 required the learned AGA to seek instructions. He has produced the entire case dairy which is taken on record and marked as Appendix-A.

3. This application under Section 528 BNSS has been filed by the applicants to quash the Chargesheet No.1/2024 dated 20.12.2024, under Sections 147, 420, 323, 504, 506, 120B I.P.C., P.S. Badalpur, District- Gautam Buddh Nagar as well as summoning order dated 23.01.2025 and criminal proceeding of Criminal Case No.487/2024 (State v. Bhajan Lal and others) arising out of Case Crime No. 256/2024, pending before Addt. Chief Judicial Magistrate, First, Gautam Buddh Nagar.

4. The case of the applicants is that the first information report stood lodged by the opposite party no. 2 against the applicants being FIR No. 0256 dated 10.10.2024 on 19.13 hours under Sections 147, 420, 323, 504, 506, 120B I.P.C. with an allegation that the opposite party no. 2 happens to be the son of Indrajeet Singh who had been allotted plot on 25.12.2001 by the Uttar Railway Karamchari Sahkari Samiti Vidyut Loco Shed Ltd admeasuring 284 square yards, plot No. 4A, registration whereof number was 744 in the year 2001, possession whereof had been offered and electricity connection had also been taken and the same is in the name of father of the first informant and there was staying therein, however, in the year 2020, the father of the opposite party no. 2 expired and applicants herein on the basis of a forged and fictitious document in connivance with the officers and the employees of the Samiti showing the plot, despite the fact that there was house constructed 2 NA528 No. 20373 of 2025 on the basis of the witness, Gyanendra Malik son of Sidh Gopal, Narendra Singh, etc., the applicants got the sale deed executed without there being the consent of the opposite party no. 2 and when the same was resisted, the opposite party no. 2 was threatened that he could not take any legal action and assurance was also given to do the needful, however, the said registry which was assured to be cancelled and on 07.10.2023 at 12.00 in the noon, when the opposite party no. 2 was all alone in his house then the applicants herein barged into the house hurled abuses directing the opposite party no. 2 to vacate the house.

5. Post lodging of the complaint and recording of the statements, a chargesheet came to be submitted against the applicants being chargesheet no. 1 of 2024 dated 20.12.2024 under Sections 147, 420, 323, 504, 506, 120B I.P.C., police station Badalpur, District- Gautam Buddh Nagar and a summoning order also came to be issued on 23.01.2025 arising out of criminal case No. 487 of 2024 in case crime No. 256 of 2024, under Sections 147, 420, 323, 504, 506, 120B I.P.C.

6. Learned counsel for the applicants has submitted that the allegations contained in the first information report which culminated into a chargesheet and the summoning order cannot be sustained, particularly, when a civil dispute has been given a criminal tinch. Submission is that once as per the allegations in the first information report there happens to be a registered deed executed in favour of the applicants then the appropriate course open for the opposite party no. 2 was to take civil proceedings while filing a suit for cancellation of the sale deed. He submits that in order to circumvent the said procedures now a novel method of lodging of first information report has been adopted. He submits that the opposite party no. 2 only possesses a letter issued from the officials of the Uttar Railway Karamchari Sahkari Samiti Vidyut Loco Shed Ltd and as a matter of fact, page 66 happens to be a document which shows that the author of the said document has disowned responsibility of issuing the said document, particularly, when according to him, documents of the same nature are being manufactured as per the convenience of the beneficiaries which is nothing but an act of fraud.

7. Learned counsel for the applicants has also submitted that there is no question of cancellation of a sale deed by the applicants which is in their favor as in order to carve out the case in the first information report, it has been falsely alleged that assurance was being extended by the applicants for cancellation of the sale deed. He also submits that no such incident occurred on 07.10.2023 and the present proceedings is nothing but grossest misuse of 3 NA528 No. 20373 of 2025 process of law.

8. Shri J.P. Singh, learned AGA on the other hand submits that it is not a hard and fast rule that any dispute relating to a property would make it as a civil dispute as it has the offshoots of criminality, particularly, when a fraud is being committed while making fictitious document. According to him, in the present case, the allegation is of getting the registry done of a property which is not owned by the vendor in that regard. However, according to him, the factual issues, with the applicants seek to raise, can always be taken while filing a discharge application.

9. Learned counsel for the applicants submits that the applicants shall be filing a discharge application and till the discharge application is being decided, no coercive action be taken.

10. Learned AGA on the other hand submits that he has no objection to the same.

11. Looking into the overall facts of the case and without entering into the merits, the application is disposed of directing the applicants to submit a discharge application by 09.10.2025 to take all legal and factual grounds which are advisable and permissible under law and on the said motion, the court below shall decide the discharge application with most expedition.

12. Till the discharge application is decided, no coercive action is being taken against the applicants in pursuance of the Chargesheet No.1/2024 dated 20.12.2024, under Sections 147, 420, 323, 504, 506, 120B I.P.C., P.S. Badalpur, District- Gautam Buddh Nagar as well as summoning order dated 23.01.2025 and criminal proceeding of Criminal Case No.487/2024 (State v. Bhajan Lal and others) arising out of Case Crime No. 256/2024, pending before Addt. Chief Judicial Magistrate, First, Gautam Buddh Nagar.

13. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. September 12, 2025 A. Prajapati (Vikas Budhwar,J.) ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad