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HIGH COURT OF JUDICATURE AT ALLAHABAD

MATTERS UNDER ARTICLE 227 No. - 2981 of 2025

Rajeev Kumar

.....Petitioner(s)

Versus

State Of U.P. And 6 Others

.....Respondent(s)

Counsel for Petitioner(s) : Perdeep Kumar Vishnoi

Counsel for Respondent(s) : C.S.C.

Court No. - 89

HON'BLE ANIL KUMAR-X, J.

1. Learned counsel for the petitioner and Shri Devesh Kumar Singh,

learned A.G.A. for the State are present.

2. This petition under Article 227 of the Constitution of India has been

filed with the following main prayers :-

"a. to issue a suitable order or direction to set aside the impugned order dt. 30.5.2024

passed by the learned Additional Chief Judicial Magistrate, Court No. 2, Bulandshahar

in Complaint Case No. 19408 of 2023 Rajeev Kumar Vs. Kamal and others, whereby

the learned Magistrate has dismissed the complaint of petitioner as well as impugned

order dt. 14.2.2025 passed by the learned Additional Sessions Judge/Fast Track Court

No. 4, Bulandshahar in Criminal Revision No. 228 of 2024 Rajeev Kumar Vs. State of

U.P. and others, by which the learned lower Revisional Court dismissed the Criminal

Revision of petitioner and affirmed the impugned order dt. 30.5.2024 passed by the

learned Additional Chief Judicial Magistrate, Court No. 2, Bulandshahar;

b. to issue a suitable order or direction commanding the learned Additional Chief

Judicial Magistrate, Court No. 2, Bulandshahar to hear the matter afresh and pass

appropriate orders in Complaint Case No. 19408 of 2023 Rajeev Kumar Vs. Kamal

and others."

3. Learned counsel for the petitioner submitted that father of petitioner

late Radhey Lal @ Radhey Shyam was adopted by one Sardar Singh in

his childhood. The father of petitioner took care of Sardar Singh after

being adopted and even performed his last rites after his death. The fact

that father of petitioner was adopted by late Sardar Singh was accepted by

A227 No. 2981 of 2025

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Jagvati, daughter of Sardar Singh, during proceeding in a court. However,

Kamal and Vinay, both sons of Jagvati, fabricated forged death certificate

of Sardar Sigh and tried to misuse it in revenue proceedings in order to

claim themselves as legal heirs of Sardar Singh. Even an attempt to take

illegal possession of the house of the petitioner on the strength of forged

death certificate was also made by respondent nos.2 and 3.

4. Learned counsel for the petitioner submitted that an application under

Section 156(3) Cr.P.C. filed by the petitioner was converted into

Complaint Case No. 19408 of 2023 (Rajeev Kumar Vs. Kamal and

others) and the said complaint was dismissed on 30.5.2024. Learned

counsel submitted that a report was called by the concerned trial court at

the time of filing an application under Section 156(3) Cr.P.C. from the

concerned Police Station. The said police report clearly mentions that

certain dispute between the petitioner and the respondents pertaining to

ancestral house is pending and he has alleged that private respondents had

executed a sale-deed on basis of the said forged death certificate. It has

also been mentioned by the Sub-Inspector of concerned Police Station

that upon verification of the death certificate from Nagar Panchayat, it

came to the knowledge that the said death certificate was forged. Learned

counsel submitted that despite such cogent report submitted by the

concerned Police Station after verifying the allegations, his complaint was

dismissed under Section 203 Cr.P.C. on 30.5.2024.

5. Aggrieved by the aforesaid order dated 30.5.2024, the petitioner

preferred Criminal Revision No. 228 of 2024 (Rajeev Kumar Vs. State of

U.P. and others), which too was dismissed on 14.2.2025. Learned counsel

for the petitioner submitted that both courts have ignored to consider that

alleged death certificate claimed by the respondents was a forged

certificate which also finds corroboration from the police report submitted

during pendency of his application under Section 156(3) Cr.P.C. Learned

counsel, therefore, submitted that both orders are patently illegal and are

liable to be set