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2025 DAILYLAW 123312 (ALL)

RADHA MOHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

CRLA/516/2025 · 2025-02-21

Subhash Chandra Sharma

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11350 Court No. - 14 Case :- CRIMINAL APPEAL No. - 516 of 2025 Appellant :- Radha Mohan Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Appellant :- Pankaj Kumar Gupta Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. Sri Amit Kumar Awasthi, Advocate, filed his Vakalatnama on behalf of applicant, which is taken on record. Personal affidavit of Superintendent of Police, District Kheri filed today is taken on record. Investigating Officer and Officer In-charge of concerned police station are present in person before this Court. It is submitted by the learned counsel for the applicant that he filed an application under section 173(4) BNSS before the learned court concerned for lodging F.I.R which was rejected. Against which he filed criminal revision which was also rejected, as a result he has preferred application under section 482 Cr.P.C before this Court. It is further submitted that now the police has lodged the F.I.R on 19.2.2025 under section 103(1) BNS and section 3(2)(V) SC/ST Act as Crime No. 089 of 2025, therefore, this appeal has become infructuous. Since the F.I.R has already been lodged by the police, therefore, this appeal is hereby dismissed as being infructuous. Order Date :- 21.2.2025 GS Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad, Lucknow Bench