Court No. - 2

Case :- CRIMINAL MISC. WRIT PETITION No. - 7582 of

2022

Petitioner :- Rakesh Balani

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Bhriguram Ji,Prabhat Kumar,Shashi

Shekhar Maurya

Counsel for Respondent :- G.A.

Hon'ble Dr. Kaushal Jayendra Thaker,J.

Hon'ble Gautam Chowdhary,J.

Heard learned counsel for the petitioner and learned A.G.A. for

the State.

By way of this petition the petitioner Rakesh Balani has

challenged the initiation of criminal proceedings. The dispute

relates to plot situated in Mauja Pali Pahari, Tehsil and District

Jhansi. The father of the petitioner had purchased the plot from

Ram Prasad, Ram Baksh and Budhiram through lease/sell deed

on 20.06.1983. After registered lease deed dated 20.06.1983 the

petitioner's father interred in possession. The father of the

petitioner Late Basi Balani had filed a suit before Additional

Civil Judge (Senior Division), Court No. 1 Jhansi as Original

Suit No. 289 of 1999 (Basi Balani Vs. Ram Prasad and Others),

the suit was for permanent injunction. Later on Ram Baksh and

Budhiram died during pendecny of the suit, Ram Baksh was

substituted by his three sons Malkhan, Bablu and P