HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 1042 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 parties whereas learned A.G.A. for the State is present. This Court passed the following order on 13.02.2024:- "1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record. 2. The instant writ petition has been filed by the petitioners with the following reliefs: "i. Issue a writ of Certiorari or a writ, order or direction in the nature of Certiorari quashing impugned First Information Report dated 10.12.2023 registered as Crime no. 0233 of 2023 under Sections 419, 420, 467, 468, 471 I.P.C. at Police Station Mandhata, District Pratapgarh, lodged by the opposite party no. 4 against the petitioners, contained in ANNEXURE No.1 to this writ petition. ii. Issue a writ of Mandamus or a writ, order or direction in the nature of Mandamus restraining the opposite parties no. 1 to 3 from arresting the petitioners in pursuance to the First Information Report dated 10.12.2023 registered as Crime no. 0233 of 2023 under Sections 419, 420, 467, 468, 471 I.P.C. at Police Station Mandhata, District Pratapgarh, lodged by the opposite party no. 4 against the petitioners, contained in Annexure No. 1 to this writ petition." 3. It has been submitted by learned counsel for the petitioners that the petitioners had initially lodged F.I.R., bearing F.I.R. No. 0181 of 2023, dated 11.09.2023 under Sections 147, 148, 149, 307, 323, 504, 506 of the I.P.C., registered at Police Station- Mandhata, District- Pratapgarh, against the family members of the opposite party no.4, a copy of which has been filed as annexure-02 to the writ petition. As a counter-blast to the same the impugned F.I.R. has been lodged making false allegations against the petitioners. 4. It has also been submitted by learned counsel for the petitioners that it is a civil dispute that has been Versus Counsel for Petitioner(s) : Hanumant Lal Srivastava, Kanchan Rawat, Rishabh Raj Counsel for Respondent(s) : G.A. Akhilesh Kumar Yadava And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) tried to be given a criminal colour with regard to the dispute regarding boundaries shown in the gift deed being not accurate. 5. Considering the aforesaid facts and circumstances of the case, prima facie, a case for interim relief is made out. 6. Since learned A.G.A. has put in appearance on behalf of respondents no. 1 to 3, hence no fresh notices need to be issued to them. 7. Issue notice to respondent no. 4 returnable at an early date. 8. Steps be taken within a week. 9. Let a counter affidavit be filed within six weeks. 10. Rejoinder affidavit, if any, may be filed within two weeks thereafter. 11. List this case on 02.04.2024. 12. 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 in pursuance of the impugned F.I.R. 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." 3. Learned A.G.A. on the basis of counter affidavit filed today, which is taken on record, submits that the charge-sheet dated 28.02.2024 has been filed in the matter, therefore, this petition has lost its efficacy. 4 In view of above, the petition has been rendered infructuous. 5. Dismissed accordingly. October 17, 2025 Shahnaz CRLP No. 1042 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench