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2025 DAILYLAW 173721 (ALL)

RAVI SHANKAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. 2 OTEHRS

CRLP/10005/2024 · 2025-11-07

Rajnish Kumar, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10005 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 parties 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 the following order on 03.01.2025:- "1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the petitioner and learned A.G.A. for the State. 3. By means of this petition, the petitioner has sought quashing of First Information Report dated 9.12.2024 bearing F.I.R./Case Crime No.395 of 2024, under Sections 64(2)(m), 308(2) of B.N.S., 2023, registered at Police Station Kheeron, District Raebareli. 4. Submission of learned counsel for the petitioner is that false F.I.R. has been lodged against the petitioner by the real sister of the wife of petitioner due to family dispute. Earlier, F.I.R. no.0507 of 2024 was lodged in District Unnao on 15.10.2024 against the complainant-Smt. Shashilata and other family members and only as a counterblast, present F.I.R. has been lodged against the petitioner. 5. In view of the aforesaid facts, a case for consideration is made out. Versus Counsel for Petitioner(s) : Harish Chandra Yadav, Ajeet Singh Counsel for Respondent(s) : G.A., Dharmendra Kumar Trivedi Ravi Shankar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. 2 Otehrs .....Respondent(s) 6. Issue notice to opposite party no.3. 7. Office shall submit service report by affixing computer generated tracking report. 8. Let counter affidavit be filed within four weeks. 9. List after four weeks. 10. Considering the submissions made, it is provided that till the next date of listing, the petitioner shall not be arrested on the basis of the impugned First Information Report, unless sufficient and credible evidence is available against him. The petitioner shall, however, cooperate in the investigation and get his statement recorded before the Investigating Officer as and when he is called. If he does not do so then it can be made a ground for seeking vacation of this interim order. " 4. Learned A.G.A., on the basis of instructions dated 04.02.2025 received from Sri Raj Bahadur Singh, Sub Inspector, Police Station Kheero, District Raebareli, submits that charge sheet bearing No.12/2025 dated 24.01.2025 has been forwarded in this matter, therefore, this petition has lost it's efficacy. The said instructions are taken on record. 5. Dismissed accordingly. 6. Interim order, if any, stands vacated. November 7, 2025 Saurabh CRLP No. 10005 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench