Vikrant v. State of U.P.

Neutral Citation No. - 2024:AHC:34422

Court No. - 78 Case :- MATTERS UNDER ARTICLE 227 No. - 1440 of 2024

Petitioner :- Vikrant

Respondent :- State of U.P.

Counsel for Petitioner :- Vageesh Pandey

Counsel for Respondent :- G.A.

Hon'ble Dr. Yogendra Kumar Srivastava,J.

Heard Sri Vageesh Pandey, learned counsel for the petitioner and Sri Sandeep Chaudhary, learned AGA-I appearing for the State- respondent.

The present petition has been filed seeking to assail the order dated 05.05.2022 passed in Complaint Case No.781 of 2021 (Vikrant vs. Anil), P.S. Loni Border, District Ghaziabad, whereby the application filed under Section 156(3) Cr.P.C. was rejected, and also the subsequent order dated 24.11.2023 passed in Criminal Revision No.289 of 2022 affirming the earlier order. Learned Magistrate while rejecting the application under Section 156(3) Cr.P.C. has taken notice of the fact that the complaint relates to a dispute relating to two wills, set up by the parties, who are real brothers, in respect of an ancestral property regarding which a civil suit is pending.

The revisional court has also affirmed the order passed by the learned Magistrate by referring to the pendency of the civil suit between the parties.

Counsel for the petitioner has not disputed that the subject matter of the criminal complaint is related to the question regarding the validity of the two wills which is subject matter of consideration in

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a pending civil suit between the parties. Having regard to the aforesaid, the orders impugned, in terms of which the criminal complaint filed by the petitioner has been rejected for the reason that the same related to a civil dispute, cannot be said to be suffering from any error, illegality or perversity so as to warrant interference by this Court in exercise of supervisory powers under Article 227 of the Constitution of India. The petition lacks merit and is accordingly dismissed.

Order Date :- 27.2.2024 Imroz

(Dr. Y. K. Srivastava, J.)

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