Neutral Citation No. - 2025:AHC:37456-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 22803 of 2024 Petitioner :- Tek Chand Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Pathik Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Shri S.P. Saroj, learned counsel for the petitioners, Shri Suraj Kumar Singh, learned counsel for the informant and learned A.G.A. for the State- respondent. 2. The instant writ petition has been filed to quash the impugned F.I.R. dated 28.09.2024 registered as Case Crime No. 0441 of 2024, under Sections 74, 91, 115(2), 352, 351(2) BNS, 2023, Police Station Shivpur, District Varanasi. 3. While entertaining the instant writ petition, this Court accorded the interim relief to the petitioner vide order dated 19.12.2024, for ready reference order dated 19.12.2024 is reproduced herein below:- "1. Heard Sri Rajesh Pathik, learned counsel for the petitioner and learned A.G.A. for the State-respondents. 2. The relief sought in this petition is for quashing of the F.I.R. registered as Case Crime No.334 of 2020, under Sections 302, 34 IPC. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Learned counsel for the petitioner vehemently contended that impugned FIR dated 15.08.2022 is second FIR against the petitioner and is unsustainable in view of law laid down by Hon'ble Supreme Court in the matter of T.T. Antony vs. State of Kerala and others, 2001(6) SCC 181. He further submitted investigation against the petitioner cannot be allowed to continue for an indefinite period. He submitted that the petitioner is old person aged about 83 years and he must be accorded reprieve in the instant matter. 4. Learned A.G.A. has resisted the aforesaid relief on two fold submissions. Firstly, the instant writ petition has been filed with an inordinate delay of 752 days without giving any plausible explanation for such delay whereas the petitioner was well aware of the fact that he was named accused in the impugned FIR. Secondly, on the ground that complicity of rest co-accused persons have been found in the alleged crime and charge sheet has been submitted against them. He further submitted that even the competent court has taken cognizance against the co-accused persons. 5. The matter requires consideration. 6. All the respondents may file counter affidavit within six weeks. Petitioner will have two weeks thereafter to file rejoinder affidavit. 7. List thereafter. 8. Till the next date of listing, or till submission of the police report under Section 173(2) Cr.P.C. (now Section 193(3) of Bhartiya Nagrika Suraksha Sanhita, 2023), whichever is earlier, the respondents are restrained to arrest the petitioner pursuant to the impugned F.I.R. subject to his co-operation in the ongoing investigation." 4. Learned State Law Officer for the State- respondents has placed reliance on para no. 6 of the counter affidavit and states that in the instant matter Charge-sheet No. 337 of 2022 has already been filed on 20.10.2022 against other accused persons namely Smt. Jagwati, Rajkumar and Ashok Kumar, whereas the name of present petitioner as well as another accused Jamna Devi have been exonerated as their complicity were not found in the instant matter. 5. Considering the submission made above and also perused the facts narrated in para 6 of Short Counter Affidavit, we find that no further cause of action survives, as the instant petition has been pressed only on behalf of petitioner Tek Chand, who has already been exonerated in the instant matter, accordingly, the instant writ petition is disposed off. Order Date :- 17.3.2025 Bhanu (Prashant Kumar,J.) (M. C. Tripathi,J.) Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad