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2025 DAILYLAW 121257 (ALL)

RAJ KARAN VERMA v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/914/2025 · 2025-02-04

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7136-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 914 of 2025 Petitioner :- Raj Karan Verma Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Mahesh Kumar Sharma Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner and learned A.G.A., who appears on behalf of State-respondent Nos.1 to 3. 2. This petition has been filed with the following prayers :- "I. Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned First Information Report dated 19.07.2021 lodged in Case Crime No.0546 of 2021 under Sections 409/420 I.P.C., Police Station- Kotwali Nagar, District- Gonda contained in Annexure No.1 to this writ petition. II. Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite parties not to arrest the petitioner in pursuance of the impugned First Information Report dated 19.07.2021 lodged in Case Crime No.0546 of 2021 under Sections 409/420 I.P.C., Police Station- Kotwali Nagar, District- Gonda contained in Annexure No.1 to this writ petition." 3. Learned A.G.A. has raised a preliminary objection regarding maintainability of the writ petition as it is mentioned in paragraph no.1 to the writ petition that it is the first and only writ petition to the relief as claimed. 4. However, the petitioner had earlier filed Criminal Misc. Writ Petition No.1427 of 2023 which was dismissed by this Court on 20.02.2023, a copy of the order dated 20.02.2023 has been enclosed to the said instructions. 5. The instructions are kept on record. 6. It is evident that the petitioner has filed this petition as a third petition for claiming same relief. Initially, he has filed Writ Petition No.19580 (S/S) of 2021 which was disposed of vide order dated 06.09.2021 with a direction to the petitioner to file a representation before the competent authority and an interim protection was given to the petitioner. The second writ petition i.e. Criminal Misc. Writ Petition No.1427 of 2023 was thereafter filed which has been dismissed by this Court on 20.02.2023. Now he has filed this third writ petition alleging that he has not filed any other writ petition on the same subject matter which is either pending before this Court or has been decided. 7. In view of the aforesaid, the writ petition is dismissed as not maintainable. Order Date :- 4.2.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench