HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 2235 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 the following order on 03.04.2024:- "1. Heard learned counsel for petitioners and learned A.G.A. for the State and perused the record. 2. The present writ petition has been filed by the petitioners with the prayer to issue a writ, order or direction in the nature of certiorari quashing First Information Report dated 09.03.2024 bearing Case Crime No.59 of 2024 under Sections 376, 344, 392 I.P.C., Police Station Laliya, District Balrampur, registered against the petitioners, as contained in Annexure No.1 to the writ petition. A further prayer for issuing a writ, order or direction in the nature of Mandamus commanding and directing the respondents not to arrest the petitioners on the basis impugned FIR has been made. 3. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. Learned counsel for the petitioners further submits that all the allegations are against co- accused Mangal Dev and the petitioners are his family members and just to exert pressure they have been roped in and the police is trying to arrest them. It has also Versus Counsel for Petitioner(s) : Shailendra Pathak, Km. Anjali Gautam Counsel for Respondent(s) : G.A. Radhey Shyam And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Others .....Respondent(s) been stated that till date no recovery has been made from the petitioners. 4. Matter requires consideration. 5. Issue notice to respondent no.4. Petitioners shall take steps within a week. 6. Each of the respondents is granted three weeks; time to file counter affidavit. Rejoinder affidavit, if any, may also be filed within one week thereafter. 7. List after four weeks. 8. Till the next date of listing or till submission of police report under Section 173(2) Cr.P.C., if any, before the competent court, whichever is earlier, the arrest of the petitioners- Radhey Shyam, Tulsiram alias Tulsi and Moti Lal in pursuance of the impugned FIR dated 09.03.2024 bearing Case Crime No.59 of 2024 lodged under Sections 376, 344, 392 I.P.C. at Police Station Laliya, District Balrampur, shall remain stayed, of course, subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation." 4. Learned A.G.A., on the basis of instructions, submits that investigation has been concluded and names of the petitioners have been dropped out whereas charge sheet dated 04.05.2024 has been filed against one Mangal and the same has been forwarded in the Court on 18.05.2024, therefore, this petition has lost its efficacy. 5. Dismissed accordingly. 6. Interim order, if any, stands vacated. October 31, 2025 Saurabh CRLP No. 2235 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench