HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 4028 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 06.06.2024:- "Heard learned counsel for the petitioners as well as the learned A.G.A. for the State-respondents. The petitioner by means of the instant petition prays for following main reliefs:- "(i) to issue, a writ, order or direction in the nature of CERTIORARI quashing the impugned First Information Report dated 12.05.2024 lodged by opposite party no. 4 vide FIR No. 172/2024 under Section 354B, 504, 506 I.P.C. and Section 5/6 POCSO Act, Police Station Jagdishpur, District Amethi as contained as Annexure No. 1 to this writ petition. (ii) to issue, a writ, order or direction in the nature of MANDAMUS commanding the opposite party no. 1 to 3 to not to arrest the petitioners in pursuance of impugned First Information Report dated 12.05.2024 lodged by opposite party no. 4 vide FIR No. 172/2024 under Section Versus Counsel for Petitioner(s) : Ramakar Shukla Counsel for Respondent(s) : G.A. Kaleem And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko And Others .....Respondent(s) 354B, 504, 506 I.P.C. and Section 5/6 POCSO Act, Police Station Jagdishpur, District Amethi as contained as Annexure No. 1 to this writ petition." It has been submitted by learned counsel for the petitioners that apparently as per the averments made in the First Information Report, a case under Section 5/6 of the POCSO Act, 2004 is not made out. It has further been urged that even in the statement of the victim under Section 164 Cr.P.C. which is nothing but a reproduction of the contents of the First Information Report that also does not make out a case of Section 5/6 of POCSO Act. It is under these circumstances it is urged that the impugned FIR is liable to be quashed. The matter requires consideration. Let the notice be issued to the respondent no. 4. Let a counter affidavit be filed within a period of three weeks. The petitioner shall have two weeks thereafter for filing the rejoinder affidavit. List this matter in the first week of August, 2024. It is made clear that the petitioner shall not be arrested till the next date of listing in pursuance of the First Information Report dated 12.05.2024 lodged by opposite party no. 4 vide FIR No. 172/2024 under Section 354B, 504, 506 I.P.C. and Section 5/6 POCSO Act, Police Station Jagdishpur, District Ameth, subject to the condition that he shall cooperate in the proceedings. " 4. Learned A.G.A., on the basis of instructions dated 24.11.2025 received from Sri Virendra Kumar Yadav, Incharge Inspector, Police Station Jagdishpur, District Amethi, which have been placed before this Court and taken on record, submits that Charge Sheet No.174/2024 dated 08.07.2024 has been filed in the Court of learned Additional Sessions Judge, Court No.12, Sultanpur on 22.07.2025, therefore, this petition has lost its efficacy and the petitioners have remedy either before the concerned Court or to challenge the same under appropriate proceedings. CRLP No. 4028 of 2024 2 No one is present on behalf of the petitioners to controvert the same. 5. In view of above, since the prima facie allegations have been found proved against the petitioners on the basis of evidence and material collected during investigation, therefore, the charge sheet has been filed in the Court and the petitioners have a remedy before the appropriate Court and to challenge the same under appropriate proceedings, no purpose would be served by keeping this petition pending, when learned counsel for the petitioners is not present. 6. Dismissed accordingly. 7. Interim order, if any, stands vacated. December 1, 2025 Saurabh CRLP No. 4028 of 2024 3 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench