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2025 DAILYLAW 19350 (ALL)

SANJAY KUMAR SRIVASTAVA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/3217/2025 · 2025-10-07

Lakshmi Kant Shukla, Mayur Jain Jt Registrar J Listing

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 3217 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. The instant writ petition has been filed seeking to quash the First Information Report dated 06.10.2024, giving rise to Case Crime No.89 of 2024, under Sections 420, 406, 504, 506 I.P.C., Police Station Suhwal, District Ghazipur. 2. Heard Mr. Sanjay Singh, learned Counsel for the petitioners, Mr. Sanjeev Kumar Rai, learned counsel appearing on behalf of respondent no. 4 and Mr. S.K. Ojha, learned A.G.A. appearing on behalf of the State and perused the material available on record. 3. After some length of arguments on merits, Mr. Sanjay Singh, learned counsel for the petitioners prayed that this petition may be disposed of with liberty to avail appropriate remedy available under the law before the appropriate Court, since the investigation has already been completed and a charge-sheet has also been submitted. 4. Mr. Sanjeev Kumar Rai, learned counsel appearing on behalf of respondent no. 4 and Mr. S.K. Ojha, learned A.G.A. appearing on behalf of the State vehemently opposed the petition but could not dispute the aforesaid submission of the learned counsel for the petitioners. Both the learned counsel for the respondents have no objection in case the instant petition is disposed of with the liberty prayed for by the learned counsel for the petitioners. 5. Taking into consideration the submissions advanced by the learned Versus Counsel for Petitioner(s) : Sanjay Singh, Upendra Upadhyay Counsel for Respondent(s) : G.A., Sanjeev Kumar Rai Sanjay Kumar Srivastava And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) counsel for the petitioners, in particular, the fact that the investigation in the matter has already been completed and a charge-sheet has also been submitted, the fact that both the learned counsel appearing on behalf of the respondents have no objection in case the present writ petition is disposed of with liberty as prayed for, we are of the view that this petition may be disposed of with liberty to the petitioners to challenge the charge- sheet or avail other remedy available under the law, as advised. 6. In view of the above, this writ petition is disposed of with liberty as prayed for. Pending applications, if any, shall also stand disposed of. October 8, 2025 Brijesh Maurya CRLP No. 3217 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad