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2025 DAILYLAW 149657 (ALL)

DR. SIRAJUL HAQ KHAN @ SAJU KHAN AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/6023/2025 · 2025-07-09

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39019-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6023 of 2025 Petitioner :- Dr. Sirajul Haq Khan @ Saju Khan And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Mohammad Masood Raza,Jhanak Bhawnani,Kahkashan Zaidi,Shivanshu Upadhyay Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Learned counsel for the petitioners as well as learned A.G.A. for the State and perused the record. 2. This writ petition has been filed with following main prayers: "(I) Issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report No. 80/2022 dated 27.09.2022 (Annexure No.1) lodged at P.S. Sriduttganj, district Balrampur u/s 323 and 498-A of I.P.C. read with section 3/4 of D.P. Act. (II) Issue a writ, order or direction in the nature of Mandamus directing to the O.P.No.1 to handover the investigation to some other agency so that the proper and fair investigation may be conducted in the impugned F.I.R. (III) Issue a writ, order or direction in the nature of Mandamus directing to the O.P.No.1-3 not to take any coercive measures against the petitioners. (IV) Issue a writ, order or direction in the nature of Mandamus thereby directing to the O.P.no.1 to call for the status report in the impugned First Information Report No. 80/2022 dated 27.09.2022 (Annexure No.1) lodged at P.S. Sriduttganj, district Balrampur u/s 323 and 498-A of I.P.C. read with section 3/4 of D.P. Act." 3. It has been informed by learned counsel for the petitioners that the informant had initially lodged the F.I.R. against ten persons and seven of them had approached this Court and they had been granted interim protection. All the petitioners herein i.e. Dr. Sirajul Haq Khan @ Saju Khan, Taukir Fatma @ Seema and Abdul Hakim have now approached this Court praying for the same relief. 5. Learned A.G.A. has placed before this court instructions sent by Shri Abhishek Saroj, Sub Inspector, Police Station Sriduttganj, Balrampur, wherein it has been stated that initially ten persons were made accused in the F.I.R. and against seven of them charge sheet has been prepared on 19.11.2022 and submitted in the court concerned on 14.02.2023, whereas all the petitioners herein were not found to be involved in commission of alleged crime and Final Report dated 30.12.2022 has been submitted with regard to them. The instructions are taken on record. 4. In view of above, it appears that this writ petition has become infructuous. 5. Accordingly, the writ petition is dismissed as infructuous. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 9.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench