PADAM SINGHversusSTATE OF U.P. AND 2 OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD

              APPLICATION U/S 482 No. - 9359 of 2024

Padam Singh
                                                             .....Applicant(s)
                                   Versus
State Of U.P. And 2 Others
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)     : Amit Kumar Shukla, Ram Lakhan
                               Deobanshi
Counsel for Opposite Party(s): Ayush Mishra, G.A., Mohd Harish,
                               Prabha Shanker Mishra, Vidit
                               Narayan Mishra

Court No. - 82
               HON'BLE PADAM NARAIN MISHRA, J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State and
learned counsel appearing for opposite party no.2.

2. The present application under Section 482 Cr.P.C. has been filed for
quashing of the proceedings initiated under Section 145 Cr.P.C. pursuant to
challani report dated 17.10.2023 pending before the Special Executive
Magistrate/Deputy Commissioner of Police, Trans Hindan, Ghaziabad as
well as order dated 30.04.2024 and 20.11.2025 passed by Special Executive
Magistrate.

3. Learned counsel for the applicant submits that the dispute between the
parties is purely civil in nature relating to land bearing Gata No.1296 and
1707 situated at Village Pasaunda, Jawahar Park, Sahibabad, District
Ghaziabad. It is submitted that prior to initiation of proceedings under
Section 145 Cr.P.C., the applicant had already instituted Civil Suit No.663
of 2023 (Padam Singh Vs. Sabir and others) before the competent Civil
Court seeking permanent prohibitory injunction in respect of the disputed
property. It is further submitted that despite pendency of the aforesaid civil
proceedings, police authorities illegally submitted challani report dated
17.10.2023 leading to initiation of proceedings under Section 145 Cr.P.C.,
which is contrary to settled principles of law laid down by the Hon'ble
Supreme Court in Ram Sumer Puri Mahant vs State of U.P. AIR 1985 SC
472.
                                                                                               A482 No. 9359 of 2024
                                                                     2


                                    4. Per contra, learned counsel for opposite party no.2 opposed the aforesaid
                                    submissions and submitted that the present application has become
                                    infructuous inasmuch as the proceedings under Section 145 Cr.P.C. have
                                    already been finally decided vide order dated 20.11.2025 by the competent
                                    authority. It is further submitted that against the aforesaid order dated
                                    20.11.2025, opposite party no.2 namely Kasim has already preferred
                                    Criminal Revision No.704 of 2025 challenging the legality and propriety of
                                    the said order and the same is pending consideration before the revisional
                                    court which applicant already appeared. Learned counsel for opposite party
                                    no.2, therefore, submits that since final order has already been passed in
                                    proceedings under Section 145 Cr.P.C., the relief sought in the present
                                    application no longer survives and the instant application is liable to be
                                    dismissed as infructuous.

                                    5. Having heard learned counsel for the parties and upon perusal of the
                                    record, this Court finds that the proceedings under Section 145 Cr.P.C.,
                                    which were subject matter of challenge in the present application, have
                                    already culminated into final order dated 20.11.2025. This Court further
                                    finds on perusal of counter affidavit that the said final order is already under
                                    challenge before the competent revisional court in Criminal Revision No.704
                                    of 2025 and applicant has also appeared in the aforesaid case. Consequently,
                                    nothing further survives for adjudication in the present application under
                                    Section 482 Cr.P.C., as no effective relief can now be granted.

                                    6. Accordingly, in view of subsequent developments, the present application
                                    under Section 482 Cr.P.C. is dismissed as having become infructuous.

                                    7. However, it is observed that dismissal of the present application shall not
                                    prejudice the rights of either party in pending Criminal Revision No.704 of
                                    2025, which shall be decided expeditiously in accordance with law.

                                    8. The operation of the impugned order dated 20.11.2025 shall remain stayed
                                    till the disposal of Criminal Revision No. 704 of 2025.

                                    March 17, 2026
                                    Akram
                                                                                    (Padam Narain Mishra,J.)




Digitally signed by :-
MOHAMMAD AKRAM
High Court of Judicature at Allahabad