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2025 DAILYLAW 197307 (ALL)

GHANSHYAM YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. CHIEF SECY. HOME LKO. AND OTHERS

CRLP/1407/2024 · 2025-10-27

Rajnish Kumar, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 1407 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. . 1.Case called out. None appears on behalf of the petitioners. 2.There is no request for adjournment or pass over the case. 3. On 29.02.2024 this court had passed the following order:- "Heard. By means of this petition, the petitioner has sought quashing of First Information Report dated 29.12.2023 bearing case Crime No.707 of 2023 under Sections 354, 504, 506, 376-D IPC, registered at Police Station- Motipur District- Bahraich. Let notice be issued to opposite party no.4. Let the pleadings be exchanged within eight weeks. List thereafter. Considering the submissions of the petitioners' counsel that impugned F.I.R. dated 29.12.2023 itself was lodged after almost one and half months of the alleged incident, which is said to have taken place on 7.11.2023 and that in the said F.I.R. the only allegations was of 354, 504, and 506 I.P.C. but it is thereafter when the statement of the alleged victim was recorded on 6.1.2024, a copy of which has been produced by the learned A.G.A., the allegation of rape has been made, which is contrary to the allegations made in the F.I.R. and which also clearly goes to show mal-intent of the victim, as no such incident has taken place and earlier in fact an incident had taken place between the husband of the victim and the petitioner no. 1 regarding which information was given to the police on 2.11.2023, it is provided that the petitioners shall not be arrested on the basis of the impugned First Information Versus Counsel for Petitioner(s) : Vishwa Nath Singh Counsel for Respondent(s) : G.A. Ghanshyam Yadav And Another .....Petitioner(s) State Of U.P. Thru. Prin. Chief Secy. Home Lko. And Others .....Respondent(s) Report, unless there is sufficient and credible evidence available against them. The petitioners shall, however, cooperate in the investigation and get their statement 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>. 3. Learned A.G.A. on the basis of instructions submits that charge sheet dated 18.03.2024 has been filed in the court, therefore, this petition has lost its efficacy and has rendered infructuous. 5. Dismissed accordingly. October 27, 2025 Shahnaz CRLP No. 1407 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench