HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 3749 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Case called out. 2. No one is present on behalf of the petitioners nor any request for adjournment or pass over has been made whereas learned A.G.A. for the State is present. 3. This Court had passed following order on 31.10.2025:- "1. This Court had passed the following order on 25.05.2024:- "Heard learned counsel for the petitioner, learned A.G.A. for the State/respondents and perused the record. By means of this petition, the petitioner has sought quashing of F.I.R. dated 11.05.2024, bearing Case Crime/F.I.R. No.0231/2024, for the offence under Section 363 I.P.C., registered at Police Station - Tarabganj, District - Gonda. Learned A.G.A. prays for and is granted a short adjournment to produce the document with regard to the age proof of the petitioner No.1. List this case in second week of June, 2024. In the meantime, it is provided that till the next date of listing petitioner - Jitendra Paswan shall not be arrested in pursuance to the impugned First Versus Counsel for Petitioner(s) : Vijay Nath Pandey Counsel for Respondent(s) : G.A. Smt. Shivani And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) Information Report dated 11.05.2024, bearing Case Crime/F.I.R. No.0231/2024, under Section 363 I.P.C., Police Station - Tarabganj, District Gonda, unless and until there is sufficient and cogent evidence available against him regarding commission of the offence. Petitioners shall get their statement recorded before the Police as and when they are called. If they do not do so, then it can be made a ground for seeking vacation of this interim order. " 2. Learned A.G.A., on the basis of counter affidavit, which has been filed today and taken on record, submits that notice under Section 41-A has been issued to the petitioner No.2, however, he is not co-operating in the investigation, therefore, investigation could not be completed. 3. Sri Vijay Nath Pandey, learned counsel for the petitioners submits that the petitioner No.2 shall co-operate in the investigation. 4. In view of above, it is directed that the petitioner No.2 shall appear before the Investigating Officer on 06.11.2025 and the Investigating Officer, after recording his statement, shall proceed further and file police report expeditiously. 5. List in week commencing 24.11.2025.6. In the meantime, learned A.G.A. shall seek complete instructions. " 4. By means of the aforesaid order, the petitioner No.2 was directed to appear before the Investigating Officer on 06.11.2025 and the Investigating Officer was directed to record the statement and proceed accordingly. 5. Learned A.G.A., on the basis of instructions, submits that the petitioner No.2 had not appeared on 06.11.2025 and since the petitioner No.2 is not co-operating, therefore, the investigation could not be concluded. 6. In view of above, it appears that the petitioners are not interested in pursuing the matter as they are enjoying the interim protection granted by this Court by means of order dated 25.05.2024, wherein it was provided that the petitioners shall get their statement recorded before the police as and when they are called and if they do not do so, it shall be made a CRLP No. 3749 of 2024 2 ground for seeking vacation of the interim order. 7. In view of above, since the petitioners are not co-operating in the investigation as informed by learned A.G.A. and none is present for the petitioners, this petition is liable to be dismissed and interim order is liable to be vacated. 8. Dismissed accordingly. 9. Interim order stands vacated. November 28, 2025 Saurabh CRLP No. 3749 of 2024 3 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench