IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

*************
DATES & EVENTS
IN
CRIMINAL MISC. WRIT PETITION NO. OF 2022
(Under Article 226 of the Constitution of India)

DISTRICT: KANPUR NAGAR

Ramendra Kumar @ Lala and others. -------Petitioners
Versus
State of U.P. and others. .........Respondents
Sl. Date Events.
No.
1. 20.03.2022 A first information report was lodged by
19.01.2018 the respondent no.4 on 20.03.2022 at about
12.39 pm hours through application under
section 156 (3) Cr. P.C. before ACMM
Second Court Kanpur Nagar for an
incident took place on 19.01.2018 against
the petitioners, which was registered at
Case Crime No. 0089 of 2022 Under
Section 420, 323, 342, 504, 506, 120-B, I.P.C.
Police Station-Panaki, District- Kanpur
Nagar alleging therein accused persons by
common intention beaten the respondent
no. 4 an abuses him and committed
Marpit with leg and fids an also given
threaten that agreement to sale was
executed on 19.01.2018 and Six lacks
Rupees have been given to the accused
persons and remaining amount of rupees
10 lacks is due and when respondent no. 4
ask to petitioners/purchaser to execute
sell deed in favour of respondent no. 4 but
they have refused to do the same and
continuously given threaten to the
respondent no. 4.
2. 19.01.2018 According to the prosecution story is that
on 19.01.2018 the agreement to sell was
 executed between Dhirendra Kumar and
Munna Lal in regard to Plot No. 1645 M
situated that Mauja Mohsinpur, Tehsil
and District- Kanpur Nagar Area 165
square yard (137.95 square Miter) and the
aforesaid property was agreed to
purchase of amount rupees 16 Lacks and 6
Lacks rupees token money have been
given to be Dhirendra Kumar son of
Ashok Kumar.
3. 29.01.2019 After much laps of time respondent no. 4
19.01.2018 an his wife has filed civil suit no. 106 of
2019 Munna Lal and another Vs.
Dhirendra Kumar and another for specific
performance of contract under section 15
and for permanent injunction under
section 37 (2) of specific relief Act 1963, on
29.01.2019 and made prayer for Decree for
specific performance of contract to sell
dated 19.01.2018 against the petitioner no.
5 and 6 pending before civil Judge Senior
Division Kanpur Nagar.
4. Hence this present writ petition.

Dated: __/05/2022
(SHYAM SINGH SENGAR)
Advocate,
Adv. Roll No. A/S-1250/2012
Counsel for the Petitioners
Chamber No. 25, High Court,
Allahabad.
Mobile No. 9918653061,
8115500032
 In Case Crime No. 0089 of 2022
Under Section 420, 323, 342, 504,
506, 120-B, I.P.C. Police Station-
Panaki, District- Kanpur Nagar.

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

************
CRIMINAL MISC. STAY APPLICATION NO. OF 2018
(Under Chapter XXII Rule 1 of the High Court Rules)
On behalf of
Ramendra Kumar @ Lala --------- Applicants
IN
CRIMINAL MISC. WRIT PETITION NO. OF 2022
(Under Article 226 of the Constitution of India)

DISTRICT: KANPUR NAGAR

1. Ramendra Kumar @ Lala son of Late Ramautar Yadav
Resident of Baba Andeshwar Mandir Wali Gali, Police
Station- Panaki, District- Kanpur Nagar.
2. Deepak @ Mona son of Late Vishwanath Singh
Resident of K.D.A. Colony behind Shri Ram School
Panaki, District- Kanpur Nagar.
3. Sonu Pal son of Sukhdev Pal Resident of 4886 EWS
Awas Vikas Yojan No. 1, Kalyanpur, Pashchimi,
(Commissionerate) Kanpur Nagar.
4. Sushil Kannaujiya son of Sundar Lal Kannaujiya
resident of Tripathi Awas 3024 Awas Vikas Panaki,
District- Kanpur Nagar.
5. Vishwanath Yadav son of Ram Karan Yadav resident
of 29 C Rajashwa Nagar Panaki, pashchimi Kanpur
Nagar.
6. Dhirendra Kumar son of Ashok Kumar resident of M
1020 Keshavpuram Awas Vikas Yojana 1 Kalyanpur,
District- Kanpurt Nagar.
-------Petitioners
Versus
1. State of U.P. through Principal Secretary (Home),
Government of U.P., Lucknow.
2. The Station House Officer, Police Station-Panaki,
District-Kanpurnagar.
3. Commissioner Pashchimi Commissionrate Kanpur
Nagar.
4. Munna Lal son of Late Bhaiyadeen resident of House no.
33 Block -B HIG Police Station- Panaki, District- Kanpur
Nagar.
.........Respondents
To,
The Hon’ble the Chief Justice and his other companion
Judges of the aforesaid Court.

The humble application on behalf of the

Petitioners/applicants above named Most Respectfully
Showeth as under:

1. That the full facts and circumstances stated in the

accompanying writ petition from the application.

PRAYER

It is, therefore, Most Respectfully prayed that this Hon'ble

Court may graciously be pleased to stay the arrest of the
petitioners in pursuance of the First Information Report dated
20.03.2022 in Case Crime No. 0089 of 2022 Under Section 420,
323, 342, 504, 506, 120-B, I.P.C. Police Station-Panaki, District-
Kanpur Nagar, otherwise the petitioners shall suffer irreparable
loss and injury.

And/or to pass such other and further order as this

Hon'ble Court may deem fit and proper under the facts and
circumstances of the case.

Dated: __/05/2022
(SHYAM SINGH SENGAR)
Advocate,
Adv. Roll No. A/S-1250/2012
Counsel for the Petitioners
Chamber No. 25, High Court,
Allahabad.
Mobile No. 9918653061,
8115500032
 In Case Crime No. 0089 of 2022
Under Section 420, 323, 342, 504,
506, 120-B, I.P.C. Police Station-
Panaki, District- Kanpur Nagar.

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

************
CRIMINAL MISC. WRIT PETITION NO. OF 2022
(Under Article 226 of the Constitution of India)

DISTRICT: KANPUR NAGAR

1. Ramendra Kumar @ Lala son of Late Ramautar Yadav
Resident of Baba Andeshwar Mandir Wali Gali, Police
Station- Panaki, District- Kanpur Nagar.
2. Deepak @ Mona son of Late Vishwanath Singh
Resident of K.D.A. Colony behind Shri Ram School
Panaki, District- Kanpur Nagar.
3. Sonu Pal son of Sukhdev Pal Resident of 4886 EWS
Awas Vikas Yojan No. 1, Kalyanpur, Pashchimi,
(Commissionerate) Kanpur Nagar.
4. Sushil Kannaujiya son of Sundar Lal Kannaujiya
resident of Tripathi Awas 3024 Awas Vikas Panaki,
District- Kanpur Nagar.
5. Vishwanath Yadav son of Ram Karan Yadav resident
of 29 C Rajashwa Nagar Panaki, pashchimi Kanpur
Nagar.
6. Dhirendra Kumar son of Ashok Kumar resident of M
1020 Keshavpuram Awas Vikas Yojana 1 Kalyanpur,
District- Kanpurt Nagar.
-------Petitioners
Versus
1. State of U.P. through Principal Secretary (Home),
Government of U.P., Lucknow.
2. The Station House Officer, Police Station-Panaki,
 District-Kanpurnagar.
3. Commissioner Pashchimi Commissionrate Kanpur
Nagar.
4. Munna Lal son of Late Bhaiyadeen resident of House no.
33 Block -B HIG Police Station- Panaki, District- Kanpur
Nagar.
.........Respondents
To,

The Hon’ble the Chief Justice and his other companion

Judges of the aforesaid court.

The humble writ petition of the above named Petitioners

Most Respectfully Showeth as under:

1. That this is the first

writ petition filed on behalf of petitioners before this

Hon'ble Court challenging the impugned first information

report dated 20.03.2022 in Case Crime No. 0089 of 2022

Under Section 420, 323, 342, 504, 506, 120-B, I.P.C. Police

Station-Panaki, District- Kanpur Nagar, no other Criminal

Misc. Writ Petition/482 Cr.P.C. filed or pending before this

Hon'ble Court or its Bench at Lucknow for the same cause

of action in pursuance of the First Information Report.

2. That the petitioners

have not received any caveat application from any one of

the respondents so far.

3. That a first

information report was lodged by the respondent no.4 on

20.03.2022 at about 12.39 pm hours through application

 under section 156 (3) Cr. P.C. before ACMM Second Court

Kanpur Nagar for an incident took place on 19.01.2018

against the petitioners, which was registered at Case Crime

No. 0089 of 2022 Under Section 420, 323, 342, 504, 506, 120-

B, I.P.C. Police Station-Panaki, District- Kanpur Nagar

alleging therein accused persons by common intention

beaten the respondent no. 4 an abuses him and committed

Marpit with leg and fids an also given threaten that

agreement to sale was executed on 19.01.2018 and Six lacks

Rupees have been given to the accused persons and

remaining amount of rupees 10 lacks is due and when

respondent no. 4 ask to petitioners/purchaser to execute

sell deed in favour of respondent no. 4 but they have

refused to do the same and continuously given threaten to

the respondent no. 4. A true copy as well as certified copy

of the impugned first information report dated 20.03.2022

is being annexed herewith and marked as Annexure No.1

to this writ petition.

4. That in the aforesaid

case no charge sheet has been submitted by the concern

investigating officer till date and the matter is under

investigation.

5. That the incident

occurred on 19.01.2018 and first information report was

lodged on 20.03.2022 about after 4 years delay but no any

proper explanation given by the respondent no.4 for

 lodging the present first information report and also

canceled the filling of civil suit filed by the First Informant.

6. That according to the

prosecution story is that on 19.01.2018 the agreement to sell

was executed between Dhirendra Kumar and Munna Lal

in regard to Plot No. 1645 M situated that Mauja

Mohsinpur, Tehsil and District- Kanpur Nagar Area 165

square yard (137.95 square Miter) and the aforesaid

property was agreed to purchase of amount rupees 16

Lacks and 6 Lacks rupees token money have been given to

be Dhirendra Kumar son of Ashok Kumar. A true copy of

the agreement to sell dated 19.01. 2018 is being annexed

herewith and marked as Annexure No.2 to this writ

petition.

7. That respondent no. 4

has not manage the balance amount of rupees 10 Lacks

money therefore he has requested to the petitioner no. 6 to

extend the time for agreement to sell and wanted some

time for during the same therefore sell deed could not be

executed within time as mentioned in the agreement to sell

dated 19.01.2018.

8. That after much laps of

time respondent no. 4 an his wife has filed civil suit no. 106

of 2019 Munna Lal and another Vs. Dhirendra Kumar and

another for specific performance of contract under section

15 and for permanent injunction under section 37 (2) of

 specific relief Act 1963, on 29.01.2019 and made prayer for

Decree for specific performance of contract to sell dated

19.01.2018 against the petitioner no. 5 and 6 pending before

civil Judge Senior Division Kanpur Nagar. A clear copy of

the plaint dated 29.01.2019 is being annexed herewith and

marked as Annexure No.3 to this writ petition.

9. That the respondent

no. 4 concealed the aforesaid fact for filing civil suit and

lodge First Information Report against the petitioner

although matter does not fall in the category of criminal in

nature and total dispute is civil litigation which is already

pending before the civil Judge prior to much before the

lodging the First Information Report and after 3 years from

the institution of suit with due do legal advice lodge the

First Information Report against the petitioner making a

false story with malafide intension which is totally abuse of

process of law.

10. That the dispute

between the parties shall resolved by the civil court but

only to pressurized the petitioners including vendor the

aforesaid First Information Report in lodge with the

manipulated story which is totally concocted in nature

which transpire from the First Information Report itself.

11. That in fact the

respondent no. 4 is wanted to execute sell deed without

any further payment and the price of the property in

 dispute is highly enhance during pending of civil suit but

respondent no. 4 sell deed without any further payment

and pressurizing petitioner no. 5 and 6 including other

petitioner those have no concern with the aforesaid

agreement to self and respondent no. 4 is a mischief

monger and very cunning nature therefore he has lodge an

First Information Report against the petitioner.

12. That the police of

police station Panaki is adamant to arrest the petitioners in

pursuance of the First Information Report and making

harassment to the petitioner therefore petitioner has no

option only to approach before this Hon'ble Court in its

inherent jurisdiction under article 226 of the constitution of

the India.

13. That the petitioner

have no any criminal antecedent and have not penalize any

other criminal court neither facing any criminal trial.

14. That petitioner are a

law abiding citizen of India and doing Private Job in

Kanpur Nagar and have a reputed person.

15. That the petitioner

have no other remedy except to approach before this

Hon'ble Court under article 226 of the constitution of India

for redressal of there grievances by filing criminal Misc.

writ petition before this Hon'ble Court.

16. That no offence are

made out against the petitioners In Case Crime No. 0089 of

2022 Under Section 420, 323, 342, 504, 506, 120-B, I.P.C.

Police Station-Panaki, District- Kanpur Nagar.

17. That under the facts

reasons mentioned in the preceding paragraph and

annexures it transpire that the First Information Report

lodge by the respondent no. 4 is totally abuse of process of

law and malafide in nature and civil litigation between the

parties is subjudice before the civil court therefore matter

pertaining to civil dispute but respondent no. 4 to give

color of criminal in nature and by forcing with the help of

police trying to harassment of the petitioners by arresting

them in the aforesaid Case Crime No. 0089 of 2022 Under

Section 420, 323, 342, 504, 506, 120-B, I.P.C. Police Station-

Panaki, District- Kanpur Nagar therefore police adamant

the petitioner in pursuance of the First Information Report

therefore this Hon'ble Court may be pleased to stay the

arrest of the petitioner in Case Crime No. 0089 of 2022

Under Section 420, 323, 342, 504, 506, 120-B, I.P.C. Police

Station-Panaki, District- Kanpur Nagar during the

pendency of the investigation or till the submission of

Charge Sheet under section 173 (2) Cr. P.C. otherwise the

petitioners shall suffer irreparable loss and injury.

18. That the present petition is being preferred interalia on the

following amongst other grounds:-

 GROUNDS

A. Because, the respondent no. 4 concealed the aforesaid fact

for filing civil suit and lodge First Information Report

against the petitioner although matter does not fall in the

category of criminal in nature and total dispute is civil

litigation which is already pending before the civil Judge

prior to much before the lodging the First Information

Report and after 3 years from the institution of suit with

due do legal advice lodge the First Information Report

against the petitioner making a false story with malafide

intension which is totally abuse of process of law.

B. Because, the dispute between the parties shall resolved

by the civil court but only to pressurized the petitioners

including vendor the aforesaid First Information Report

in lodge with the manipulated story which is totally

concocted in nature which transpire from the First

Information Report itself.

C. Because, in fact the respondent no. 4 is wanted to execute

sell deed without any further payment and the price of

the property in dispute is highly enhance during pending

of civil suit but respondent no. 4 sell deed without any

further payment and pressurizing petitioner no. 5 and 6

including other petitioner those have no concern with the

aforesaid agreement to self and respondent no. 4 is a

mischief monger and very cunning nature therefore he

 has lodge an First Information Report against the

petitioner.

D. Because, the police of police station Panaki is adamant to

arrest the petitioners in pursuance of the First

Information Report and making harassment to the

petitioner therefore petitioner has no option only to

approach before this Hon'ble Court in its inherent

jurisdiction under article 226 of the constitution of the

India.

E. Because, the petitioner have no any criminal antecedent

and have not penalize any other criminal court neither

facing any criminal trial.

F. Because, petitioner are a law abiding citizen of India and

doing Private Job in Kanpur Nagar and have a reputed

person.

G. Because, the petitioner have no other remedy except to

approach before this Hon'ble Court under article 226 of

the constitution of India for redressal of there grievances

by filing criminal Misc. writ petition before this Hon'ble

Court.

H. Because, no offence are made out against the petitioners

In Case Crime No. 0089 of 2022 Under Section 420, 323,

342, 504, 506, 120-B, I.P.C. Police Station-Panaki, District-

Kanpur Nagar.
I. Because, under the facts reasons mentioned in the

preceding paragraph and annexures it transpire that the

First Information Report lodge by the respondent no. 4 is

totally abuse of process of law and malafide in nature

and civil litigation between the parties is subjudice before

the civil court therefore matter pertaining to civil dispute

but respondent no. 4 to give color of criminal in nature

and by forcing with the help of police trying to

harassment of the petitioners by arresting them in the

aforesaid Case Crime No. 0089 of 2022 Under Section 420,

323, 342, 504, 506, 120-B, I.P.C. Police Station-Panaki,

District- Kanpur Nagar therefore police adamant the

petitioner in pursuance of the First Information Report

therefore this Hon'ble Court may be pleased to stay the

arrest of the petitioner in Case Crime No. 0089 of 2022

Under Section 420, 323, 342, 504, 506, 120-B, I.P.C. Police

Station-Panaki, District- Kanpur Nagar during the

pendency of the investigation or till the submission of

Charge Sheet under section 173 (2) Cr. P.C. otherwise the

petitioners shall suffer irreparable loss and injury.

J. Because, the incident occurred on 19.01.2018 and first

information report was lodged on 20.03.2022 about after 4

years delay but no any proper explanation given by the

respondent no.4 for lodging the present first information

report and also canceled the filling of civil suit filed by

the First Informant.

 PRAYER

It is, therefore, Most Respectfully prayed that this

Hon’ble Court may graciously be pleased to:-

A. Issue a writ, order or direction in the nature of certiorari

quashing the impugned first information report dated

20.03.2022 in Case Crime No. 0089 of 2022 Under Section

420, 323, 342, 504, 506, 120-B, I.P.C. Police Station-Panaki,

District- Kanpur Nagar (Annexure no.1) to this writ

petition.

B. Issue a writ, order or direction in the nature of mandamus

commanding the respondent No.2 and 3 not to arrest the

petitioners in pursuance of first information report dated

20.03.2022 in Case Crime No. 0089 of 2022 Under Section

420, 323, 342, 504, 506, 120-B, I.P.C. Police Station-Panaki,

District- Kanpur Nagar.

i) Issue any other suitable writ order or direction as this

Hon'ble Court may deem fit and proper under the facts

and circumstances of the case in the interest of justice.

ii) Award the cost of this writ petition in favour of the

Petitioner.

Dated: __/05/2022
(SHYAM SINGH SENGAR)
Advocate,
Adv. Roll No. A/S-1250/2012
Counsel for the Petitioners
Chamber No. 25, High Court,
Allahabad.
Mobile No. 9918653061,
8115500032
 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
*************
INDEX
IN
CRIMINAL MISC. WRIT PETITION NO. OF 2022
(Under Article 226 of the Constitution of India)

DISTRICT: KANPUR NAGAR

Ramendra Kumar @ Lala and others. -------Petitioners
Versus
State of U.P. and others. .........Respondents

SL. PARTICULARS DATES ANN PAGES

NO.
1. Dates & Events
2. Criminal Misc. Stay Application
(Under Chapter XXII Rule 1 of
the High Court Rules 1952)
3. Criminal Misc. Writ Petition
(Under Article 226 of the
Constitution of India)
4. A true copy as well as certified 20.03.2022 1
copy of the impugned first
information report.
5. A true copy of the agreement 19.01. 2018 2
to sell.
6. A clear copy of the plaint. 29.01.2019 3
7. Affidavit
8. Vakalatnama

Dated: __/05/2022
(SHYAM SINGH SENGAR)
Advocate,
Adv. Roll No. A/S-1250/2012
Counsel for the Petitioners
Chamber No. 25, High Court,
Allahabad.
Mobile No. 9918653061,
8115500032
 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

*************

ANNEXRUE NO. ( )

IN
CRIMINAL MISC. WRIT PETITION NO. OF 2022
(Under Article 226 of the Constitution of India)

DISTRICT: KANPUR NAGAR

Ramendra Kumar @ Lala and others. -------Petitioners
Versus
State of U.P. and others. .........Respondents
 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
*************
AFFIDAVIT
IN
CRIMINAL MISC. WRIT PETITION NO. OF 2022
(Under Article 226 of the Constitution of India)

DISTRICT: KANPUR NAGAR

Ramendra Kumar @ Lala and others. -------Petitioners
Versus
State of U.P. and others. .........Respondents
Affidavit of Sushil Kumar, aged about
52 years, S/o Sundar Lal Kannaujiya,
Resident of Village-113 MIG 2,
Mahabalipuram Kalyanpur, District
Kanpur Nagar, Religion-Hindu,
Occupation- Private Job.
Aadhar No. 6473 4626 2896
Mobile No. 9198035844
Deponent)

I, the deponent above named do hereby solemnly affirm

and state on oath as under:

1. That the deponent is the petitioner no.4 and doing pairivi

on behalf of other petitioners in the above noted writ
petition and as such he is fully conversant with the facts
deposed to below:-

I, the deponent above named do hereby solemnly affirm

and state that the contents of Para No. 1 of this affidavit and

those para Nos …………………...............................

…………………………………………of the accompanying Writ

petition are true to my personal knowledge and that the

contents of Para Nos ……………………………………....… of the

accompanying Writ Petition are based on record and that the

contents of Para Nos. …...………. ……………of the

accompanying Writ petition are based on information received

and the contents of paragraph Nos. ................................... are

based on legal advise which all I believe to be true that no part

of it is false and nothing material has been concealed in it.

So help me God.

DEPONENT
I, Shyam Singh Sengar, Advocate, Adv. Roll A/S-
1250/2012 High Court, Allahabad, do hereby declare that
person making this affidavit and alleging himself that deponent
is the same person and known to me from the perusal of
papers, photograph and identity proof which he produced in
respect of the present case.

ADVOCATE
Solemnly affirm and stated before me on this day of
May, 2022 at about ______a.m./p.m. by the deponent who is
identified by the aforesaid Advocate

I have been satisfied myself by examining the deponent

that he understood the contents of this affidavit which is
explained to him.

OATH COMMISSIONER