##PAGE1##

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 10454 of 2026

Mahmood

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s) : Indra Bhan Yadav, Shiv Bahadur Singh

Counsel for Respondent(s) : G.A., Ram Adhar Yadav, Satendra Kumar

Court No. - 43

HON'BLE SALIL KUMAR RAI, J.

HON'BLE DEVENDRA SINGH-I, J.

A supplementary affidavit filed by the petitioner is taken on record.

The present petition has been filed challenging the First Information

Report dated 24.04.2026 registered as Case Crime No.0118 of 2026,

under Sections 308(7), 308(5), 351(3) and 61(2) B.N.S., Police

Station Mirzapur, District Saharanpur with a consequential prayer that

the petitioner may not be arrested in the aforesaid case.

The First Information Report has been registered with the allegation

that in 2011 one Iqbal got a fraudulent sale deed executed showing

purchase of the property of the first informant, impleaded as

respondent no.4 in the writ petition. The sale deed shows sale of 49

bigha land even though the first informant had agreed to sell only five

bigha. It has been further stated in the First Information Report that

subsequently Case Crime No.177 of 2019, under Sections

420/504/506 IPC had been registered against Iqbal in which a

charge-sheet has been filed under Sections 467/468/471 IPC. It is the

further case in the First Information Report that Iqbal and his

associates, which include the present petitioner, have been harassing

and coercing the first informant to compromise the matter and

surrender his claim over the landed property mentioned in the First

Information Report and in the process, the aforesaid persons have

been getting false First Information Report registered against the first

informant and also threatening him to lodge other false First

CRLP No. 10454 of 2026

2

Information Reports against the first informant and his sons. It is the

case of the first informant that a First Information Report alleging rape

was got registered against the first informant at the instance of Iqbal

in which the first informant was subsequently acquitted. However the

present petitioner, who was previously in jail, approached the first

informant with some other persons who were the associates and

sons of Iqbal and threatened the first informant that in case, he does

not surrender his claim over the landed property mentioned in the

First Information Report, his sons shall be falsely implicated in a case

for rape wherein they may be sentenced for life.

It has been brought to the notice of this Court that the property

mentioned in the First Information Report has already been attached

under Section 14 of the U.P. Gangsters and Anti-Social Activities

(Prevention) Act, 1986 and in 2024, Case Crime No.0188 of 2024

was lodged by the State against the first informant for theft on the

allegation that the first informant had harvested the crops standing on

the landed property. It was argued that the fact that a property has

been attached under Section 14 of the U.P. Gangsters and Anti-

Social Activities (Prevention) Act, 1986 implies that the State accepts

the title of Iqbal over the said property and there is no reason for the

petitioner or other persons to coerce the first informant as alleged in

the First Information Report. It is also argued by the counsel for the

petitioner that the dispute between the parties is civil in nature and

the First Information Report has been lodged with a mala fide

purpose to give a criminal colour to a civil dispute. It has been argued

that for the aforesaid reasons, the First Information Report is liable to

be quashed.

Sri Manish Goyal, the Additional Advocate General assisted by Sri

Sanjay Kumar Singh, the AGA has opposed the writ petition and has

argued that from the recital in the First Information Report, offence

under Sections 308(7), 308(5), 351(3) and 61(2) B.N.S. is made out

and there is no cause to quash the First Information Report,

therefore, the writ petition is not maintainable and is liable to be

di