Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 157245 (ALL)

ICICI HOME FINANCE COMPANY LTD. THRU. ITS AUTHORISED REPRESENTATIVE GANDARAV GAUTAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AFFAIRS U.P. LKO. AND OTHERS

CRLP/7316/2025 · 2025-08-22

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7316 of 2025 Petitioner :- Icici Home Finance Company Ltd. Thru. Its Authorised Representative Gandarav Gautam And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Affairs U.P. Lko. And Others Counsel for Petitioner :- Akshay Kumar Singh,Arun Singh,Palak Jawa,Pratyush Mishra Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Sri Atharva Arya, Advocate alongwith Sri Abhishek Srivastava, Advocate, Sri Krishna Prajapati, Advocate, has filed the Vakalatnama on behalf of opposite party No.5, which is taken on record. 2. Heard Sri Pratyush Mishra, learned counsel for the petitioners and Sri Ranvijay Singh, learned AGA for the State. 3. By means of present petition, petitioner has sought following main relief(s):- "i. a writ, order or direction in the nature of certiorari to quash the impugned First Information Report lodged by the Opposite Party No. 5 bearing Case Crime No. 53 of 2024 under Section 147, 452, 323, 392 and 506 of the Indian Penal Code, 1860, dated 17.02.2024 at about 22:19 lodged at Police Station- Vibhuti Khand, District-Lucknow Central (Commissionerate Lucknow) annexed herewith as Annexure No. 1 against the petitioners. ii. a writ, order or direction an appropriate writ, order or direction in the nature of mandamus, commanding the Respondent No. 1, Respondent No. 2, Respondent No. 3 and Respondent No. 4, not to harass and take coercive actions against the petitioner in connection to the Case Crime No. 53 of 2024 under Section 147, 452, 323, 392 and 506 of the Indian Penal Code, 1860, dated 17.02.2024 at about 22:19 lodged at Police Station- Vibhuti Khand, District- Lucknow Central (Commissionerate Lucknow)." 4. Sri Ranvijay Singh, learned AGA for the State has produced a copy of instruction letter dated 12.08.2025 signed by one Sri Amit Kumar Singh, Senior Sub-Inspector, Police Station- Vibhutikhand, District-Lucknow addressing the Government Advocate, is taken on record. 5. He has drawn the attention of this Court to paragraphs 7 and 11 of the aforesaid instruction dated 12.08.2025, wherein it has been categorically stated that during the course of investigation, no culpability of the present petitioners has been found, and no investigation of any kind whatsoever against the present petitioners in the aforesaid case crime was pending consideration as on 12.08.2025, the date of the instruction letter. 6. He has further submitted that if, at any stage, any credible evidence or material is found against the petitioners, appropriate exercise may be undertaken in accordance with law. 7. Having considered the aforesaid submissions of Sri Ranvijay Singh, learned AGA for the State, and upon perusal of the instruction letter dated 12.08.2025, this Court finds that nothing survives to be adjudicated in the present writ petition, and the reliefs prayed for therein cannot be granted at this stage. 8. Accordingly, the writ petition is consigned to record. 9. It is needless to say that if, at any stage of the proceedings, the petitioners feel aggrieved, they shall be at liberty to approach the competent authority or the appropriate court of law. (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Order Date :- 22.8.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench