- (1.) These appeals have been preferred against the interim orders dated 7th July 2011 and 27th September, 2011 passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow in Writ Petition No. 3526 (M/B) (Crl.) of 2011. The writ petition, on which the orders have been passed has been filed by Respondent - Ravi Praskash Srivastava, seeking to quash FIR dated 29 th September, 2010 registered as Case Crime No.705/10 under Sections 467, 468, 471 and 420 IPC at P.S.Maholi, District Sitapur, Uttar Pradesh.
(2.) According to the respondent original petitioner, he was the manager of the Society running a school for many years but the complainant lodged FIR alleging that the documents on which the school acquired the land were not genuine. It was also submitted that an FIR had already been lodged on the same issue by the brother of complainant being FIR registered as Case Crime No.142 of 2008 under Sections 447, 467, 468 and 420 IPC at Police Station Maholi, District Sitapur. It was also stated that the Sub -Divisional Magistrate, Sitapur had issue notice dated 25th January, 2008 to the school on the same issue. Against the said notice, Writ Petition No. 3355 (M/B) of 2008 (Saraswati Shishu Mandir Versus District Magistrate, Sitapur and others) came to be filed by the Society on which the High Court vide order dated 19th April 2008 stayed the proceeding with the observation that prima facie the Sub -Divisional Magistrate had no jurisdiction to initiate any enquiry and it is for the civil court or the Revenue Court to determine the genuineness of the documents of title. In view of the said order, the FIR was abuse of process of law.
(3.) The High Court vide impugned orders directed the State of Uttar Pradesh to take over the school and pay compensation for the land to the true owner.;