Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:12853-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 23993 of 2024 Petitioner :- Mahaveer Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravesh Kumar Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner, Shri Binod Kumar Tripathi,
learned counsel for the informant and learned A.G.A. for the State- respondent.
2. The instant writ petition is preferred for quashing the impugned F.I.R. dated 09.12.2024 registered as Case Crime No. 0403 of 2024, under Section 137(2), 87 of BNS, 2023, P.S.- Jaithra, District- Etah.
3. While entertaining the instant writ petition, the coordinate Bench of this Court has accorded the interim relief in favour of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is neither named in the impugned F.I.R. nor any role under section 137(2) of BNS has been assigned to him, he has been falsely implicate in the instant matter being uncle of main accused Vikesh. He further submits that the impugned F.I.R. which was subject matter of challenge in the connected writ petition being Criminal Misc. Writ Petition No. 23987 of 2024 (Arti Devi and another vs. State of U.P. and others) has already been quashed, hence, no case is made out against the petitioner.
5. Considering the factual aspect of the matter, we are not inclined to keep the writ petition pending, as the impugned F.I.R. which was subject matter of challenge has already been quashed by us in connected Criminal Misc. Writ Petition No. 23987 of 2024 (Arti Devi and another vs. State of U.P. and others), hence, no cause of action survive, as the prayer made in the instant writ petition has already been considered and decided in the aforementioned writ petition.
6. With the observation made above, the instant writ petition stands
disposed of accordingly.
Order Date :- 24.1.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad