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2025 DAILYLAW 195482 (ALL)

NAZIBUL RAHIM KHAN AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND OTHERS

CRLP/2098/2024 · 2025-10-17

Rajnish Kumar, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 2098 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 whereas learned A.G.A for the State is present. 3. This Court passed the following order on 01.04.2024:- "Heard learned counsel for the petitioners and the learned A.G.A. for the State/opposite parties. Sri Awanish Yadav holding brief of Sri Vishnu Pratap Singh, Advocate is present for the respondent no. 4 and filed Power, the same is taken on record. By means of this petition, the petitioners have sought quashing of First Information Report dated 10.03.2024 bearing case Crime No.0172, under Sections 420,467,468,471 & 506 I.P.C., P.S. Gola, District Kheri. The contention of petitioners is that with regard to the same property an F.I.R. was lodged against the complainant private respondent in the year 2002 in which the charge sheet was also filed by the Police in the year 2003. Now as a cross case the present F.I.R. is lodged against the petitioners. Learned counsel for the opposite parties pray for and are granted two weeks' time to file counter affidavit. Rejoinder affidavit, if any, may also be filed within one week thereafter. List on 22.04.2024, Considering the submissions made, it is provided that the petitioners shall not be arrested on the basis of the impugned First Information Report, unless sufficient and credible evidence is available against them. The petitioners shall, however, cooperate in the investigation and get their statements recorded before the Investigating Officer as and when they are called. If they do not do so then it can be made a ground for seeking vacation of this interim order." 4.Learned A.G.A. on the basis of counter affidavit filed today, which is taken on record, submits that the charge-sheet no.265 of 2024 dated 03.05.2024 has been filed in the court of Chief Judicial Magistrate, Khiri on 09.08.2024, therefore this petition has lost its efficacy. Versus Counsel for Petitioner(s) : Satish Kumar Sharma Counsel for Respondent(s) : G.A. Nazibul Rahim Khan And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home And Others .....Respondent(s) 5. In view of above, the petition has been rendered infructuous. 6. Dismissed accordingly. October 17, 2025 Shahnaz CRLP No. 2098 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench