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2025 DAILYLAW 192361 (ALL)

FARMAN ILAHI AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/23979/2025 · 2025-10-27

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23979 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. The present writ petition has been filed with the prayer to quash the impugned First Information Report dated 01.08.2025 registered as Case Crime No. 275 of 2025, under Sections 406, 420 IPC, Police Station- Thana Bhawan, District- Shamli and for a direction to the respondents not to arrest the petitioner in pursuance of aforesaid impugned First Information Report. 2. Heard learned counsel appearing on behalf of the petitioners and learned AGA appearing on behalf of the State and perused the material on record. 3. After some length of argument, learned A.G.A. submitted that in instant matter investigation has been completed and charge sheet has already been filed on 6.10.2025 under Section 420 IPC. For offence under Section 406 IPC is not made due to lack of evidence. However, there is sufficient evidence to proceed under Section 420 IPC. 4. At this juncture, learned counsel appearing on behalf of the petitioners submitted and prayed that the instant writ petition may be disposed of in light of the statement given by the learned A.G.A. with liberty to the petitioners to avail other remedy available to him under the law. 5. Taking into consideration the submissions advanced by learned counsel for the parties and the fact that charge sheet has already been been filed on 6.10.2025, we do not find any good reason to keep this petition pending for further adjudication. Versus Counsel for Petitioner(s) : Mohd. Naushad, Noor Ahmed Counsel for Respondent(s) : C.S.C. Farman Ilahi And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 6. In view of the above, the instant writ petition is disposed of with liberty to the petitioner to avail such other remedy available to him under the law. October 28, 2025 S.K.S. CRLP No. 23979 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad