HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 4050 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 following order on 07.06.2024:- "Heard learned counsel for the petitioners and learned AGA for the State. By means of this petition, the petitioner has sought quashing of First Information Report dated 13.3.2024 bearing case Crime No. 72 of 2024, under Sections 366, 376, 354 IPC, registered at Police Station Chhapiya, District Gonda. The contention of learned counsel for the petitioners is that earlier an F.I.R. was lodged against the petitioner no. 1 by the victim- respondent no. 5 being Case Crime no. 218 of 2023, under sections 376(2)(N), 504, 504 IPC. The petitioner was enlarged on bail by means of order dated 22.9.2023 passed in Crl. Misc. Bail Application no. 11483 of 2023. Thereafter, again at the behest of complainant no. 4 and 5, another F.I.R. was lodged against the petitioner, wherein, petitioner had approached Versus Counsel for Petitioner(s) : Suneel Kumar Singh Kalhans, Shikha Srivastava Counsel for Respondent(s) : G.A., Pankaj Verma, Yogendra Kumar Singh Shatruhan Mishra Alias Vikky Mishra And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko And Others .....Respondent(s) this Court by means of Crl. Misc. Writ Petition No. 8220 of 2023, wherein, petitioner was granted protection under section 41-A Cr.P.C. by means of order dated 19.10.2023, copy of said order has been placed on record as annexure-5. It is further pointed out that thereafter, once again another F.I.R. bearing Case Crime no. 72 of 2024 has been lodged. It is urged that in the instant F.I.R., name of father of petitioner has also been added. It is urged that this is nothing but only to harass the petitioners and even police authority without considering the fact as well as the previous litigation has mechanically lodged the F.I.R.. The implication against the petitioners and his father is apparently malicious. Matter requires consideration. Let notice be issued to opposite party nos. 4 and 5. Let counter affidavit be filed within four weeks. Rejoinder affidavit be filed within two weeks. List this matter in 1st week of August, 2024. As an interim measure, it is provided that the petitioners shall not be arrested in pursuance of the aforesaid impugned First Information Report till the next date of listing. " 4. Learned A.G.A., on the basis of instructions dated 03.11.2025 received from Sri Avinash Mani Tripathi, Sub Inspector, Police Station Chhapiya, District Gonda, which have been placed before this Court and taken on record, submits that Charge Sheet dated 30.12.2024 has been filed in the Court on 10.10.2025, therefore, this petition has lost its efficacy and the petitioners have remedy either before the concerned Court or or to challenge the same under appropriate proceedings. No one is present on behalf of the petitioners to controvert the same. 5. In view of above, since the prima facie allegations have been found proved against the petitioners on the basis of evidence and material collected during investigation, therefore, the charge sheet has been filed in the Court and the petitioners have a remedy before the appropriate Court or to challenge the same under appropriate proceedings, therefore, when CRLP No. 4050 of 2024 2 none is present to press this petition, no purpose would be served by keeping this petition pending. 6. Dismissed accordingly. 7. Interim order, if any, stands vacated. December 1, 2025 Saurabh CRLP No. 4050 of 2024 3 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench