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2025 DAILYLAW 11806 (ALL)

SURAJ KUMAR YADAV AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/1647/2025 · 2025-02-27

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28232-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1647 of 2025 Petitioner :- Suraj Kumar Yadav And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravindra Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State-respondents and perused the record. 2. The present writ petition has been preferred under Article 226 of the Constitution of India seeking a writ of certiorari quashing the N.C.R. dated 15.10.2018 No. 0284 of 2018 under Sections 323, 504 I.P.C., Police Station Kerakat, District Jaunpur on the ground that respondent no. 3 has not yet received an order to investigate the non-cognizable case from a Magistrate having power to try such case or commit the case for trial as per Section 155 (2) CrPC. Therefore, in view of Section 468 (2) (c) CrPC read with Section 469 (1) (a) CrPC, which creates bar to take cognizance after lapse of the period of limitation of three years, the respondents cannot proceed in view of NCR dated 15.10.2018. It is also contended that on account of aforesaid NCR, the future of the petitioners is at stake. In case, no reprieve is accorded, the petitioners' future will be hampered. As such it is contended that the impugned NCR is liable to be quashed. 3. Learned A.G.A., when confronted, could not persuade this Court to take a different view than what has been argued by learned counsel for the petitioners rather fairly conceded with the same. 4. In view of above, the writ petition is allowed. The impugned N.C.R. dated 15.10.2018 is quashed. Order Date :- 28.2.2025 Sachin (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad