RAJ KUMAR SHUKLA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By this judgment, we propose to decide Criminal Misc. Writ Petition No. 19008 of 2025 as well as Criminal Misc. Writ Petition Nos. 19001 of 2025, 19003 of 2025 and 19004 of 2025, all of which lay challenge to the same First Information Report ('FIR' for short) by the various accused nominated in the said report, who are the writ petitioners in one or the other of these four petitions. The petitions were not formally connected, but being ones arising out of the same FIR, they were heard together and now decided by a common judgment.

(2.) The impugned FIR is about fishing in troubled waters. According to the informant, the petitioner in the present petition and the other three matters are persons determined to make unlawful gain by asserting a right to and developing a real property that does not belong to them. They have ensured that the property subject matter of the impugned FIR comes to their possession by employment of illegal means and in the endeavour, they have committed offences that have been reported to the Police by the first informant, arrayed as respondent no. 3 to the present petition, and a respondent in all the other matters as well.

(3.) The impugned FIR encapsulates facts forming a background that stretches across a period of 130 years and reports acts and omissions, constituting various offences, committed very recently. The first informant says that the property comprising Premises Nos. 13/387, 13/388 and 13/390 situate in Civil Lines, Kanpur Nagar is a Waqf created by one Sheikh Fakruddin Haider, bearing Waqf No. 70/Kanpur Nagar. This property was given on a lease of 99 years, in the year 1911, to one Hafiz Haleem. Hafiz Haleem had a son by the name S.M. Bashir. The only right that was given to Hafiz Haleem, or anyone claiming through or under him, was to construct on the said land and use it. There was no right given to Hafiz Haleem to transfer the property in question in favour of any third party. It is said that whatever rights have been derived through Hafiz Haleem by anyone have all come to an end in the year 2010 i.e. upon expiry of the lease under which Haleem held.