GANGA RAM AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/2062/2024 · 2025-10-31
Rajnish Kumar, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185611 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185611 (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. - 2062 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 petitioners 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. On 28.03.2024, this Court had passed the following order:-
"Heard. By means of this petition, the petitioners have sought quashing of F.I.R. dated 14.09.2023 bearing Case Crime No.360/2023 for the offence under Sections-498-A, 323, 504, 506 I.P.C. & Sections-3/4 D.P. Act registered at Police Station-Haidergarh, District-Barabanki. The contention of learned counsel for the petitioner is that the impugned F.I.R. is the second F.I.R. lodged on the basis of the same allegation. He has taken us through both the F.I.Rs. The submission is that second F.I.R. based on the same allegation is not maintainable. Only the police stations are different. Prima facie, the contention appears to be acceptable. Let learned A.G.A. seek instructions from Superintendent of Police, Barabanki as to whether both the F.I.Rs., one lodged at Police Station- Versus Counsel for Petitioner(s) : Dilip Kumar Pandey, Akhilesh Kumar Counsel for Respondent(s) : G.A. Ganga Ram And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s)
Subeha, District-Barabanki and the other lodged at Police Station- Haidergarh, District-Barabanki, copies of which have been annexed with the writ petition, are in respect of the same incident/ allegation, if so, how is it permissible in law. If he finds that the same is not permissible then he shall take remedial measures in this regard. Needless to say that the petitioners shall not be arrested in connection with the second F.I.R. which is impugned herein bearing Case Crime No.360/2023 for the offence under Sections-498-A, 323, 504, 506 I.P.C. & Sections-3/4 D.P. Act registered at Police Station-Haidergarh, District-Barabanki. This order shall have no bearing on the investigation in respect of the first F.I.R. dated 27.05.2023 which shall go on. List this case on 08.04.2024 as fresh."
4. Learned A.G.A., on the basis of instructions dated 17.10.2025 received from Sri Kapil Dev Yadav, Sub Inspector, Police Station Haidergarh, District Barabanki, submits that final report No.02/2024 dated 26.01.2024 in this matter has been forwarded in the Court on 13.08.2024, therefore, this petition has lost efficacy.
The said instructions are taken on record. 5. Dismissed accordingly. 6. Interim order, if any, stands vacated. October 31, 2025 Saurabh CRLP No. 2062 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench