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2025 DAILYLAW 161373 (ALL)

MANISHA @ MANISHA SHARMA AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 2 OTHERS

CRLP/8157/2025 · 2025-09-04

Rajeev Singh, Rajnish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8157 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard Sri Kaushal Kishore Tewari, learned counsel for the petitioners and learned A.G.A. for the State. 2. This petition has been filed with following prayers:- "I. Issue a writ, order or direction to the nature of certiorari quashing the impugned F.I.R. dated 20-08-2025 lodged by the opposite party no-3 bearing case crime no. - 0503 of 2025 u/s 87 of B.N.S. Police Station Paduwa, District- Lakhimpur Kheri. (contained as Annexure no. 1). II. Issue writ, order or direction in the nature of the mandamus commanding to the opposite parties not to arrest the petitioners in case crime no. -0503 of 2025 u/s 87 of B.N.S. Police Station - Paduwa, District- Lakhimpur Kheri." 3. On 02.09.2025, following order was passed:- "1. Heard Sri Kaushal Kishore Tewari, learned counsel for the petitioners and learned A.G.A. for the State. 2. The instant writ petition has been filed by the petitioners for the following prayers :- A) Issue a writ, order or direction to the nature of certiorari quashing the impugned F.I.R. dated 20-08-2025 lodged by the opposite party no-3 bearing case crime no. - 0503 of 2025 u/s 87 of B.N.S. Police Station - Paduwa, District- Lakhimpur Kheri. (contained as Annexure no. 1). Versus Counsel for Petitioner(s) : Kaushal Kishore Tewari Counsel for Respondent(s) : G.A. Manisha @ Manisha Sharma And Another .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 2 Others .....Respondent(s) B) Issue writ, order or direction in the nature of the mandamus commanding to the opposite parties not to arrest the petitioners in case crime no. -0503 of 2025 u/s 87 of B.N.S. Police Station - Paduwa, District- Lakhimpur Kheri. 3. The learned A.G.A. prays for and is granted 24 hours' time to seek instructions in the matter. 4. List this case on 04.09.2025, as fresh, on which date, petitioners nos. 1 and 2 as well as respondent no. 3 shall appear in person before this Court. 5. The concerned S.H.O. shall ensure the presence of respondent no. 3 before this Court on the next date. 6. The learned A.G.A. shall communicate this order to the S.H.O. concerned forthwith." 4. In pursuance of the aforesaid order, the petitioners nos.1 and 2 are present in person. The respondent no.3 is also present in person, who is identified by Mr. Dadhibal Yadav, Sub Inspector, Police Station- Paduwa, District- Lakhimpur Kheri. 5. Learned A.G.A. has placed written instructions dated 03.09.2025 duly signed by Mr. Dadhibal Yadav, Sub Inspector, Police Station- Paduwa, District- Lakhimpur Kheri, which are taken on record. 6. Learned A.G.A., on the basis of the instructions, submits that after investigation, the final report has been prepared and the same has been forwarded to the Supervisory Authority who will forward it to the concerned Court. 7. In view of above, it is evident that the petition has lost its efficacy. Therefore, the petition is dismissed as infructuous. September 4, 2025 Arpan CRLP No. 8157 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench