In an application filed before the Lucknow Bench of Allahabad High Court under Section 528 of the Bharatiya Nagarik Surakasha Sanhita, 2023 (BNSS) seeking quashing of a judgment and order dated 28-11-2025 by the Additional Sessions Judge (ADJ-II), Raebareli, a Single Judge Bench of Justice Rajeev Singh directed C.B.C.I.D., Lucknow to enquire into an FIR filed against the applicant by the alleged encroacher of a Gram Sabha land.
A complaint was made by the applicant before higher authorities for removal of encroachment upon a Gram Sabha land by a resident of a village in Amethi. Aggrieved by lack of action, the applicant preferred a writ petition before this Court. By an order dated 16-03-2023, the standing counsel was directed to seek instructions as to why the order dated 28-10-2016 under Section 67 of the U.P. Revenue Code, 2006, had not been complied with.
On 23-05-2023, the police approached the applicant’s house, detained him, and pressurized him to withdraw the writ petition. Specific information was sought by the Court as to why the applicant had been taken into custody, to which it was stated that an FIR had been lodged against him by the alleged encroacher under Sections 419, 420, 467, 468, and 471 of the Indian Penal Code, 1860 (IPC). Subsequently, the said writ petition was disposed of on the ground that the revenue authorities had informed the Court that the order dated 28-10-2016 under Section 67 of the 2006 Code had been executed.
The applicant contended that the police had acted in association with the alleged encroacher to file an FIR based on concocted facts, alleging that the applicant owned 2-3 tractors and that a forged registration number was displayed on a tractor parked outside his house. Upon inquiry, the police allegedly found that the registration number was for another vehicle, raising a doubt that the vehicle was either stolen or involved in a heinous crime. It was averred that the applicant’s wife had made a complaint on the IGRS portal on 23-05-2023, stating that the said tractor belonged to her relative and was only standing outside the applicant’s house from where the SHO had taken the same away.
The applicant stated that since he refused to withdraw the case against the alleged encroacher in which the DM, Amethi, and the SDM, Tiloi, were also arrayed as respondents, the said tractor was shown as stolen property. It was also contended that the chargesheet had been submitted by the Investigating Officer (IO) merely on the basis of presumption. Thereafter, an application under Section 156(3), CrPC was rejected and a revision against the rejection was also rejected.
The Court noted the facts and circumstances of the matter and opined that the investigation regarding the said FIR against the applicant was required to be conducted by some other agency. Hence, the Director General, C.B.C.I.D., Lucknow, was directed to depute a responsible officer for conducting investigation as well as to examine the conduct of the police officials and other officials involved in the matter. The applicant was also granted liberty to move a comprehensive representation before C.B.C.I.D. within six weeks.
Lastly, the Court directed the officer responsible of the C.B.C.I.D. to file his personal affidavit explaining the status of actions taken by him on the next date. The matter will noe be listed on 21-12-2026.
