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2025 DAILYLAW 135650 (ALL)

SMT. JYOTI PANDEY THRU. HER FRIEND ASHISH PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 8 OTHERS

HABC/134/2025 · 2025-04-24

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23291 Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 134 of 2025 Petitioner :- Smt. Jyoti Pandey Thru. Her Friend Ashish Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 8 Others Counsel for Petitioner :- Abhay Kumar Srivastva,Mohammad Gulfam Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. On an objection raised by Shri S.P. Tiwari, learned A.G.A. that the petitioner had earlier filed a Habeas Corpus Writ Petition No.30048 of 2016, which was dismissed on 20.02.2017 and thereafter filed another Habeas Corpus Writ Petition No.3694 of 2018, which was also dismissed for non-prosecution on 16.10.2019, therefore this 3rd habeas corpus petition is not maintainable. Even otherwise, the submission is that the petitioner has lodged a FIR, in which the investigation has been completed and a final report has been submitted. However on an application moved under Section 98 Cr.P.C., a non bailable warrant was issued by the court concerned on 12.05.2015. Thus, this petition is nothing but a misuse of the process of court. Shri Abhay Kumar Srivastava, learned counsel for the petitioner submits that that this petition may be dismissed as not pressed with liberty to avail the appropriate remedy as may be available under law. To which there is no objection by learned A.G.A. In view of above, the petition is dismissed as not pressed with liberty as aforesaid, with a warning to the deponent to be careful in future, failing which this Court may impose a heavy cost. ...................................................................(Rajnish Kumar, J.) Order Date :- 24.4.2025 Haseen U. Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench