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2025 DAILYLAW 175237 (ALL)

BATESHWAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME, LKO. AND OTHERS

CRLP/6734/2024 · 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. - 6734 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. . 1. Case called out. None appears on behalf of the petitioner. 2.There is no request for adjournment or pass over the case. 3.This Court had passed the following order on 17.09.2025:- "Heard learned counsel for the petitioner, learned AGA for the State-respondent and perused the record. Sri Parashu Ram Kanaujia, Advocate has appeared on behalf of opposite party no.4 and filed Power, the same is taken on record. The petitioner seek issuance of a writ in the nature of certiorari for quashing of the First Information Report dated 26.05.2024 bearing Case Crime No.0164 of 2024, under Sections 302,201 I.P.C., Police Station Harpalpur, District Hardoi. Submission of learned counsel for petitioner is that there is no dead body ever recovered till date nor there is any corroborative evidence to the statement of the accused obtained by the Police under Section 161 Cr.P.C. and without any such evidence the Police has also added Sections 302 and 201 I.P.C. during course of the investigation. It is further submitted that till date the Police has not brought on record any evidence that the victim has died. Today, the Investigating Officer is present in the Court along with the case diary. He has also could not place any such evidence. Versus Counsel for Petitioner(s) : Anurag Dwivedi Counsel for Respondent(s) : G.A., Parashu Ram Kanaujia Bateshwar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Others .....Respondent(s) Case for consideration is made out. Let detailed counter affidavit be filed by the Superintendent of Police, Hardoi in the matter within a period of three weeks. Rejoinder Affidavit, if any, may also be filed within one week thereafter. List thereafter. Considering the submissions made, it is provided that till the next date of listing, petitioner shall not be arrested in pursuance to the First Information Report dated 26.05.2024 bearing Case Crime No.0164 of 2024, under Sections 302,201 I.P.C., Police Station Harpalpur, District Hardoi. The petitioner shall, however, cooperate in the investigation and get his statements recorded before the Investigating Officer as and when he is called. If he does not do so then it can be a ground for seeking vacation of this interim order." 4. Learned A.G.A., on the basis of instructions dated 17.10.2025 received from Sri Vijay Shanker, Sub Inspector, Police Station Harpalpur, District Hardoi, submits that charge- sheet bearing no.264-A/2024 dated 27.01.2025 has been forwarded in the C.J.M court on 28.02.2025, therefore, this petition has lost its efficacy. The said instructions are taken on record. 5. Dismissed accordingly. November 7, 2025 Shahnaz CRLP No. 6734 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench