Allahabad HC Issues Show Cause Notice To SHO For Registering FIRs Over Civil Dispute In Contravention Of Judicial Orders, Proposes To Impose Cost

The Allahabad High Court recently issued a show cause notice to the Station House Officer at Hapur Nagar Police Station, requiring him to explain as to why a cost of Rs. 50,000 be not imposed on him for registering FIRs in direct violation to the order of the Chief Judicial Magistrate and the High Court.

Counsel for petitioners submitted that informant had filed a suit regarding the sale deed which was executed in favour of petitioner 2 and 3 in 2005. A suit filed by the informant seeking permanent injunction against the petitioner had already been decreed in petitioners' favour and challenge the decree/order was pending.

It was submitted that informant filed two separate applications under Section 156(3) Cr.P.C. before the Chief Judicial Magistrate, Hapur alleging that the execution of sale deed was vitiated by fraud. Counsel for petitioner submitted that in proceedings before the CJM, police report was filed stating that the dispute was civil in nature. The informant then filed a third application under Section 156(3) Cr.P.C. where the Sub-inspector again submitted a report stating that it is a purely civil dispute.

Counsel for petitioner submitted that despite two orders of the Chief Judicial Magistrate, FIRs have now been lodged against the petitioners, ignoring the police reports as well. Reliance was placed upon the order passed by the Allahabad High Court in this regard.

Counsel for respondent submitted that on 13.08.2013, the Sub Divisional Magistrate, Hapur had made an observation that appropriate action be taken against all the erring persons regarding the same sale deed.

The division bench of Justice Arvind Singh Sangwan and Justice Ram Manohar Narayan Mishra observed that even if such an order was passed, it was passed 10 years ago and the FIRs have been registered in 2024 after the dismissal of two applications under Section 156(3) CrPC.

Accordingly, the Court directed that Superintendent of Police, Hapur to file his personal affidavit in this case. Further, S.H.O., Police Station Hapur Nagar, District Hapur was issued a show cause notice “as to why a cost of Rs.50,000/- be not imposed upon him for violating the orders of Chief Judicial Magistrate, Hapur as well as the directions issued by this Court.”

The case is to be listed on 13.09.2024.

Case Title: Omveer And 4 Others v. State Of U.P. And 3 Others [CRIMINAL MISC. WRIT PETITION No. - 8498 of

2024]

Counsel for Petitioner : Abhinav Gaur, Ankit Shukla, Mohd. Rashid Siddiqui, Sr. Advocate

Click Here To Read/Download Order