Hon'ble Rajeev Singh,J.
Vakalatnama filed by Shri Vikas Vikram Singh, Advocate appearing on behalf of the respondent No.4.
Heard Shri Uma Kant Mishra, learned counsel for the petitioners, Shri Anurag Verma, learned A.G.A. for the State, Shri Vikas Vikram Singh, learned counsel for the respondent No.4 and perused the impugned F.I.R. as well as material brought on record.
The present writ petition has been filed by the petitioners for directing the respondents not to interfere in the peaceful life of the petitioners in relation to the F.I.R. of Case Crime No.0115 of 2021, under Sections 147, 419, 420, 467, 468, 471, 380, 323, 504, 506 I.P.C., P.S. Chinhat, District Lucknow.
Learned counsel for the petitioners has submitted that the property in question is owned by Mrs. Suman Kannaujiya D/o Late Munna Lal and the petitioners were allowed to reside in the said property on the basis of rent agreement executed on 08.06.2020. He further submitted that the respondent No.4 wants to get the possession of property in question by way of lodging the impugned F.I.R. against Suman Kannaujia, Jitendra, Amit and others. He also accepted that the petitioners are not the named accused in the impugned F.I.R., but merely on the basis of aforesaid F.I.R., they are being victimized on the behest of the respondent No.4, therefore, kind indulgence of this Court is necessary.
Learned A.G.A. submitted that the prayer made in the petition is not maintainable.
Learned counsel for the respondent No.4 has submitted that the property in question was recorded in the revenue records in the name of Jitendra and Amit, both sons of Late Sahajram, and they sold the said property to Krishna Nandan Chaudhary by way of registered sale deed 05.07.2011, and after the death of Krishna Nandan Chaudhary, the said property was purchased by the informant from Smt. Aaradhna Chaudhary W/o Late Krishna Nandan Chaudhary, and others by way of registered sale deed dated 23.08.2014. Thereafter, Jitendra and Amit again sold the property to Suman Kanaujia on 21.12.2015, and on the basis of fabricated rent agreement, the petitioners are claiming themselves as tenant of the said property. He also submitted that Smt. Suman Kanaujia has filed a Regular Suit No.183 of 2021 in the court of Civil Judge (S.D.), Lucknow, which is still pending, therefore, the present petition is not maintainable.
Considering the above mentioned facts, it is the admitted fact that the petitioners have no concern with the F.I.R. as they are claiming themselves as tenant, and no such relief can be granted by this Court.
In view of the above, the present petition is dismissed as not maintainable.
(Rajeev Singh,J.) (Ramesh Sinha,J.) Order Date :- 19.2.2021 S. Shivhare