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2025 DAILYLAW 121085 (ALL)

RESHMA AND OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/921/2025 · 2025-02-04

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7109-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 921 of 2025 Petitioner :- Reshma And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Ruby Maurya Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioners and learned A.G.A. for the State/respondent. The instant writ petition has been filed by the petitioners with the following reliefs:- (i) Issue a writ, order or direction in the nature of certiorari thereby quash the impugned first information report lodged by the Area Lekhpal on 10.07.2023 at 21:05 hours as first information report no.196 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali Nagar, District Bahraich. (ii) Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite party no.3 not to arrest the petitioners in pursuance of the impugned first information report lodged by the Area Lekhpal on 10.07.2023 at 21:05 hours as first information report no.196 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali Nagar, District Bahraich. We have gone through the annexures to the writ petition and find that the petitioners had earlier filed a writ petition bearing Criminal Misc. Writ Petition No.604 of 2025, wherein vide order dated 27.01.2025, learned counsel for the petitioners after arguing for sometime had prayed and this Court had dismissed the writ petition as withdrawn without giving liberty to file a fresh petition. No second writ petition can be filed for the same cause of action without such liberty being given by the Court to approach again. No litigant can be allowed unlimited draught on the court's time as has been held by the Hon'ble Supreme Court in Surya Deo Mishra vs. State of U.P. : 2006 (1) ADJ 467 (ALLD FB). Learned A.G.A. has produced before this Court the instructions sent by Sri Vidhya Sagar Verma, Inspector/Investigating Officer, Crime Branch, Bahraich, which is kept on record. The writ petition is dismissed as not maintainable. Order Date :- 4.2.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench