ASHA RAM AND OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. GOVT. OF U.P. LKO. AND OTHERS
CRLP/452/2024 · 2025-10-16
Rajnish Kumar, Zafeer Ahmad
body2025
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Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 452 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Case called out. 2. None present on behalf of the petitioners whereas learned AGA is present. 3. This Court passed the following order on 22.1.2024:
"Heard. In the case of the co-accused bearing Criminal Misc. Writ Petition No.7 of 2024 [Prateek Pratap Singh vs. State of U.P. & Ors.], the following order was passed on 05.01.2024:-
"Heard. By means of this petition, the petitioner has sought quashing of F.I.R. dated 15.12.2023, bearing Case Crime/FIR No.0872/2023, for the offence under Sections 420, 406, 506 I.P.C., registered at Police Station Kotwali City, District - Hardoi. The genesis of the F.I.R. is an agreement to sell enter into between the petitioner and the informant and others. The contention is that primarily the dispute is of civil nature. There is a civil remedy available to the informant and others, if there is a cause, though, according to the petitioner there is no cause as he has returned back the amount which was allegedly paid to him. He, however, says that considering the nature of dispute, the criminal action has been initiated only as an arm twisting measure, therefore, this Court should interfere into the matter. Learned A.G.A. has opposed the writ petition but could not deny the fact that essentially it is a civil dispute. Considering the facts and circumstances of the case, let notice be issued to opposite party No.4. Let the pleadings be exchanged within eight weeks. List thereafter. Considering the submission made, it is provided that until furthers petitioner shall not be arrested on the basis of the impugned First Information Report, unless and until there is sufficient and cogent evidence available against him regarding commission of the offence. He shall get his statement recorded before the Police as and when he is called. If he does not do so, then it can be made a ground for seeking vacation of Versus Counsel for Petitioner(s) : Seraj Ahmad Counsel for Respondent(s) : G.A., Farooqahmad, Piyush Gupta Asha Ram And Others .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Govt. Of U.P. Lko. And Others .....Respondent(s)
this interim order." Connect and list along with Criminal Misc. Writ Petition No.7 of 2024 [Prateek Pratap Singh vs. State of U.P. & Ors.]. List on 15.02.2024.
Let pleadings be exchanged before the next date. Till then the benefit of the interim order passed on 05.01.2024 in Criminal Misc. Writ Petition No.7 of 2024 shall be available to the petitioners also on the same terms."
4. Learned AGA on the basis of instructions dated 16.10.2025 received from SI Gyanendra Singh, Police Station Kotwali Shahr, District Hardoi, a copy of which has been placed before this Court and is taken on record, submits that charge sheet No. 355/24 dated 18.6.2024 was forwarded and the same has been filed in the court of Chief Judicial Magistrate, Hardoi on 29.9.2024. Thus, this writ petition has rendered infructuous. 5. Dismissed accordingly. October 16, 2025 Fahim/- CRLP No. 452 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench