Court No. - 13 Case :- MATTERS UNDER ARTICLE 227 No. - 785 of 2025 Petitioner :- Mohd. Salman Respondent :- State Of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Deptt. Of Home And 3 Others Counsel for Petitioner :- Ganesh Kumar Gupta,Neeraj Kumar Rai Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. The present petition has been filed with a prayer to quash the charge sheet dated 12.11.2017 as well summoning order dated 23.01.2024 passed in S.T. No. 346 of 2024 arising out of F.I.R. No. 382 of 2024, under Sections 147, 148, 323, 325, 504, 506 I.P.C. and Section 3(1)(x) of SC/ST Act, P.S. Kandhai, District Pratapgarh. 3. Learned counsel for the petitioner submits that an application under Section 173(4) of BNSS was moved by the private respondent, on which, the Chief Judicial Magistrate, Hardoi passed the order dated 27.01.2025 for lodging of the F.I.R. Submission of the learned counsel for the petitioner is that Section 218 of BNSS clearly provides that prior of taking cognizance, sanction of competent authority is necessary, however, in the present case, sanction was not obtained and, therefore, the order dated 27.01.2025 directing for lodging of the F.I.R. is misfounded and the same is liable to be quashed. It is, thus, submitted that the indulgence of this Court is necessary. 4. On the other hand, learned A.G.A. vehemently opposes the prayer of the petitioner and submits that in pursuance of the impugned order, F.I.R. No. 74 of 2025 under Sections 419, 420, 352, 504, 506 I.P.C., P.S. Sandila, District Hardoi has already been registered and, therefore, the petition has lost its efficacy. It is also submitted that the petitioner has appropriate remedy for quashing of the F.I.R. 5. Considering the arguments advanced by the learned counsel for the petitioner, learned A.G.A. and going through the contents of the petition, impugned order as well as other relevant documents including the written instructions duly signed by A.R. Hussain, Inspector/Investigating Officer, P.S. Sandila, District Hardoi, it is evident that the order in question has already executed, in pursuance of which, F.I.R. No. 74 of 2025 (supra) has also been registered. 6. In view of above facts, this Court is of the view that the present petition has lost its efficacy and is hereby dismissed as infructuous, with the liberty to the petitioner to avail remedy of filing writ petition for quashing of the F.I.R., if he so chooses. 7. However, it is open to the petitioner to take appropriate remedy against the impugned order including its consequential proceedings. Order Date :- 19.2.2025 VKS/Arpan Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench