ASHOK v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/1146/2024 · 2025-10-31
Rajnish Kumar, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 180882 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180882 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 1146 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J. . 1. Case called out. 2. None appeared on behalf of the petitioner to press this petition 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 19.02.2024:-
"Heard. By means of this petition, the petitioner has sought quashing of First Information Report 30.1.2024 in case crime No.53/2024 under section 364 1.P.C. in Police Station Ram Nagar, District Barabanki. The contention of the petitioner's counsel is that the F.I.R. has been lodged against the petitioner under Section 364 I.P.C. by the wife of the alleged victim after 20 years. It has been alleged in the F.I.R. that the in 2003 the husband of the informant had gone to Mumbai in search of job along with the petitioner but has not returned since then. About 10 years ago when the petitioner had come home, she had asked him about whereabouts of her husband whereupon he had informed that he was working in Mumbai and would bring him next time he visits the village, however, he did not do so and returned to the village on 15th December, 2023 to get his house constructed. The allegation is that whenever she asks the petitioner about whereabouts of her husband, he does not respond appropriately. The contention is that no offence is made out against the petitioner. The husband of the informant had gone to Mumbai in search of his job and was living with his brother. The informant has unnecessarily filed the F.I.R. against the petitioner that too after delay of 20 years. Learned A.G.A. could not dispute the aforesaid facts, however, he says that the matter may be permitted to be investigation. Versus Counsel for Petitioner(s) : Prem Chandra Chauhan, Kashi Ram Counsel for Respondent(s) : G.A. Ashok .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Others .....Respondent(s)
Let the allegations be investigated but the petitioner shall not be arrested, unless there is sufficient and credible evidence pointing towards the commission of any offence including the offence as alleged in the F.I.R. by him.
The petitioner shall, however, cooperate in the investigation and get his statement recorded before the Investigating Officer as and when he is called. If he does not do so then it can be made a ground for seeking vacation of this interim order. Let notice be issued to opposite party no.4. Let the pleadings be exchanged within eight weeks. List thereafter."
4. Learned A.G.A., on the basis of instructions dated 09.10.2025 received from Sri Abhinandan Pandey, Sub Inspector, Police Station Ram Nagar, District Barabanki, submits that final report dated 18.12.2024 has been forwarded to the court, therefore, this petition has lost its efficacy and has rendered infructuous. The said instructions are taken on record. 5. Dismissed accordingly. October 31, 2025 Shahnaz CRLP No. 1146 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench