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2025 DAILYLAW 157624 (ALL)

SUNIL KUMAR AGRAWAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 4 OTHERS

CRLP/7576/2025 · 2025-09-08

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7576 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Mr. Shailendra Pathak, learned counsel for the petitioner and Mr. Arun Kumar Pandey, learned A.G.A. for the State-respondents. 2. In view of the proposed order being passed, notice to respondent No. 5 is dispensed with. 3. By means of the present petition, the petitioner has prayed the following relief: "(i) Issue a writ, order or direction in the nature of Mandamus commanding the Opposite Parties particularly opposite party no.2, 3 and 4 to proceed and execute with the orders dated 22.5.2025 and 27.6.2025 passed by: the learned Civil Judge (Avar Khand), Kaisarganj/Judicial Magistrate, Bahraich in Criminal Case No.4968/2020 (Sunil Kumar Versus Santosh) under section 138 Negotiable Instrument Act, Police Station Dargah Sharif, District Bahraich, as contained in Annexure No.7&8 respectively to this petition." 4. Learned A.G.A. has provided a copy of the instructions letter dated 04.09.2025 provided by one Santosh Kumar, Sub-inspector, Kotwali, Bikapur, Ayodhya. In Para 5 of the aforesaid instructions, this has been indicated that in furtherance of the order by the competent authority, the land of the accused Santosh Kumar Singh s/o Pratap Narayan Singh has Versus Counsel for Petitioner(s) : Shailendra Pathak, Km. Anjali Gautam Counsel for Respondent(s) : G.A. Sunil Kumar Agrawal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 4 Others .....Respondent(s) been sealed and appropriate coercive exercise has been undertaken. 5. Having perused the aforesaid instructions letter, it is clear that the coercive steps have been taken against the accused Santosh Singh but till date he has not been arrested, therefore, it is needless to say that further coercive steps which are permissible under the law, may be taken against the accused persons but there is no purpose to get this petition pending any longer. 6. Accordingly, the petition is consigned to records. September 8, 2025 (Manoj K.) CRLP No. 7576 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench