JASWANT SINGHversusSTATE OF U.P. THROUGH PRINCIPAL SECRETARY (HOME) AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD

         MATTERS UNDER ARTICLE 227 No. - 13889 of 2025

Jaswant Singh
                                                              .....Petitioner(s)
                                   Versus

State Of U.P. Through Principal Secretary (Home)
And 2 Others                                                .....Respondent(s)

Counsel for Petitioner(s)             :   Ankit Kumar Pal, Shad Azam
Counsel for Respondent(s)             :   G.A.

Court No. - 89
                     HON'BLE ANIL KUMAR-X, J.

1. Heard learned counsel for the petitioner and Sri R.K. Singh, learned
AGA for the State - respondent.

2. This writ petition has been filed by the petitioners with a prayer to that
this Hon'ble Court may kindly be pleased to set-aside the impugned
judgment and order dated 29.08.2025 passed by Addl. District And Sessions
Judge, Room No. 8 Farrukhabad in Criminal Revision No.189/2024
(Jaswant Singh Vs State of U.P and others) and order dated 30.07.2024
passed by Learned Chief Judicial Magistrate, Farrukhabad in Misc. Case
No.1396/2024 during the pendency of the instant writ petition before this
Hon'ble, otherwise the petitioner shall suffer an irreparable loss and hard
injury.

3. Learned counsel for the petitioners has submitted that an application
under Section 156(3) Cr.P.C. was filed by the petitioners before the learned
Chief Judicial Magistrate, Farrukhabad, stating therein that an amount of Rs.
2,00,000/- was paid on different dates through bank transfers by the
petitioner's friend to the respondent. It was stated that respondent no. 2 was
in need of money for running his hospital and had requested the petitioner to
lend him the aforesaid amount. Considering the request of respondent no. 2,
the petitioner arranged for his friend, Rajeev Kumar, to transfer the said
amount from his bank account in favour of respondent no. 2. The amount
was transferred in various installments between July 2022 and September
2022. However, when the petitioner demanded the said amount from
respondent no. 2, he did not respond. Subsequently, a legal notice was also
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issued to the respondent, but it was of no avail. The petitioner thereafter
realized that he had been cheated by respondent no. 2 and approached him
personally to demand the amount. However, respondent no. 2, along with
other unknown persons, allegedly assaulted and abused him. Learned
counsel submits that the application under Section 156(3) Cr.P.C. was
dismissed by the learned Chief Judicial Magistrate, Farrukhabad on
30.07.2024, against which the petitioner preferred Criminal Revision No.
189/2024 (Jaswant Singh vs. State of U.P. and others). The said revision was
dismissed on the ground that the nature of the allegations, prima facie,
revealed that the dispute between the parties was of a civil nature. Learned
counsel further submits that both the courts below arrived at a common
conclusion that the amount of money was not transferred from the
petitioner's bank account but from his friend's account, which raised doubt
about the petitioner's claim. It is submitted that this conclusion is erroneous,
as the money belonged to the petitioner and was in the custody of his friend,
Rajeev Kumar, who transferred the said amount to respondent no. 2 at the
petitioner's request. The loss was thus actually suffered by the petitioner, and
there was no justification for dismissing the application merely on the
ground that the amount was not transferred directly from the petitioner's
bank account. It is further submitted that both the courts below have arrived
at an incorrect conclusion, and hence, both the impugned orders are liable to
be set aside.

4. Learned AGA for the State has submitted that the learned Chief Judicial
Magistrate as well as the Revisional Court have rightly concluded that the
dispute between the parties is primarily of a civil nature and cannot be
resolved through criminal proceedings.

5. Heard learned counsel for the parties and perused the material available
on record.

6. It appears that the learned Chief Judicial Magistrate, Farrukahbad before
passing the impugned order, had also called for an enquiry report from the
concerned police station. The said report reveals that the petitioners as well
as respondent no. 2 had developed a dispute arising out of their respective
shares in the hospital run by respondent no. 2. The allegations made by the
petitioners, along with the enquiry report submitted by the concerned police
station, when read conjointly, indicate that the dispute between the parties is
primarily of a civil nature. Hence, this Court does not find any perversity in
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                                    the orders passed by the courts below.

                                    7. Accordingly, both the impugned orders are upheld, and the writ petition
                                    is dismissed.



                                    April 23, 2026
                                    Mukesh
                                                                                          (Anil Kumar-X,J.)




Digitally signed by :-
MUKESH SRIVASTAVA
High Court of Judicature at Allahabad