HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9482 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard. 2. This Court had passed the order dated 16.10.2025, which reads as under:- "1. Heard. 2. On 13.10.2025, this Court passed the order, which reads as under: "1. Heard Sri Angrej Nath Shukla, learned counsel for the petitioner and Sri Shani Pratap Singh, learned Additional Government Advocate for the State. 2. This writ petition has been filed through e.mode and learned counsel for the petitioner has provided photocopy of hard copy of the writ petition, which is taken on record. 3. By means of this writ petition, the petitioner has prayed for the following relief:- "(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to recover the stolen Motorcycle involved in F.I.R. No.486 of 2024 which is case property and is being used and it is being challaned on different dates to secure any miss happening or involvement of any crime in future." 4. This writ petition has been put up before this Court on two earlier Versus Counsel for Petitioner(s) : Angrej Nath Shukla, Kamal Bahadur Singh Counsel for Respondent(s) : G.A. Suraj Sharma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home And Others .....Respondent(s) occasions and adjourned only to provide an opportunity to the learned Additional Government Advocate to seek complete instructions from the from the opposite party No.4 i.e the Station House Officer/ Prabhari Nirikshak, Police Station-Sushant Golf City, District-Lucknow. 5. Today, learned Additional Government Advocate has stated that he could not receive instructions. 6. List/ put up this case on 16.10.2025 as fresh. 7. On that date, the opposite party No.4 i.e. the Station House Officer/ Prabhari Nirikshak, Police Station-Sushant Golf City, District-Lucknow shall appear in person before the Court along with the case diary to assist the Court. 8. Learned Additional Government Advocate shall intimate this Court to the Station House Officer concerned forthwith." 3. In compliance of the aforesaid order, Shri Upendra Singh, Station House Officer/In-charge Inspector, Police Station Sushant Golf City, District Lucknow is present in person. He has placed copy of instructions letter dated 16.10.2025. 4. If the aforesaid instructions letter is taken on its face value, only this much has been indicated that after conducting investigation, charge-sheet has been filed against accused persons. However, on being confronted on Annexure-6, which is copy of postal challan notice U/s 133 M.V. Act, 1988 issued by PCB Traffic Enforcement Wing, Gurugram, whereby the vehicle in question has been subjected to challan on 10.09.2025 as well as another challan issued by the Traffic Police, Gurgaon, Haryana, asking the Inspector as to what information has been received by him in respect of the vehicle in question, he has submitted that though necessary steps have been taken by him, but those information could not be provided in the instructions letter. 5. Shri Angrej Nath Shukla, learned counsel for the petitioner, has submitted that until and unless the aforesaid motorcycle is recovered by the police, the owner of the vehicle, who is the father of the petitioner, shall remain under threat of false implication and without having been involved in any criminal CRLP No. 9482 of 2025 2 case, he may be falsely implicated for that offence. 6. Be that as it may, since the Inspector, who is present in the Court, has stated that he has taken necessary steps pursuant to the Annexure-6, 10 days time is given to him to file his personal affidavit, indicating therein the steps thoroughly which have been taken by him pursuant to Annexure-6 regarding aforesaid challans of the vehicle. 7. List on 30th October, 2025. 8. On that date, the Station House Officer/In-charge Inspector, Police Station Sushant Golf City, Lucknow shall again appear in person and in the meantime the personal affidavit may be filed." 3. In compliance of the aforesaid order, Shri Pradeep Yadav, Additional Inspector (officiating S.H.O.) of Police Station Sushant Golf City, District Lucknow has shown his personal affidavit. 4. The aforesaid police officer is present in the Court. In paragraph no.13 of the personal affidavit, it has been indicated that the vehicle in question has been recovered. Since this petition has been filed through E-mode, therefore, learned A.G.A. is directed to upload the aforesaid personal affidavit within 48 hours. 5. In the wake of aforesaid development, nothing remains to be adjudicated in the present petition. Therefore, the present petition is consigned to record. October 30, 2025 Praveen CRLP No. 9482 of 2025 3 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench