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2025 DAILYLAW 176073 (ALL)

SAZID ALI v. STATE OF U.P. THRU. SECY. DEPTT. HOME AFFAIRS LKO. AND 3 OTHERS

CRLP/10013/2024 · 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. - 10013 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 petitioner 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 07.01.2025:- "1. Heard learned counsel for petitioner and learned A.G.A. for the State respondents. 2. This petition seeks issuance of writ in the nature of certiorari quashing the First Information Report dated 11.01.2024 bearing Case Crime No.20/2024, under Section 409 I.P.C., Police Station Reusa, District Sitapur. 3. Learned counsel for the petitioner submits that there is vague allegation made in the F.I.R. that the petitioner had not handed over the entire record while handing over the charge. He further submits that infact the petitioner has filed entire list of the documents which have been handed over while handing the charge as annexure No.3 to the Writ Petition. He further submits that even no departmental inquiry is initiated on the said handing of charge. 4. Prima facie a case for consideration is made out. 5. Issue notice to respondent no.4 returnable within four weeks. Versus Counsel for Petitioner(s) : Pankaj Kumar Tiwari, Jitendra Bahadur Counsel for Respondent(s) : G.A. Sazid Ali .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Home Affairs Lko. And 3 Others .....Respondent(s) 6. Counter affidavit may be filed within four weeks. 7. List this case after four weeks. 8. Office will submit service report on the basis computerized tracking report. 9. It is provided that petitioner shall not be arrested till the next date of listing on the basis of impugned First Information Report, unless sufficient and cogent evidence is available against him pointing towards the commission of offence as alleged in the impugned F.I.R. The petitioner shall cooperate in the investigation, which shall go on. If he does not do so, it shall be a ground for vacation of this interim order. " 4. Learned A.G.A., on the basis of instructions dated 07.11.2025 received from Sri Hanumantlal Tiwari, Station House Officer, Police Station Reusa, District Sitapur, submits that charge sheet No.328/2025 dated 20.08.2025 has been forwarded in this matter to the Court, 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. 10013 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench