AMIT KUMAR AND 4 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/5545/2021 · 2025-02-18
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25387 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25387 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:24476-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5545 of 2021 Petitioner :- Amit Kumar And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Tiwari,Nitin Sharma Counsel for Respondent :- G.A.,Raghavendra Singh,Suvarna Singh,Upendra Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Present writ petition has been preferred for quashing the First Information Report dated 02.07.2021 registered as Case Crime No.0242 of 2021, under Sections 498-A, 323, 504, 506, 307, 377 IPC and 3/4 D.P. Act, Police Station Fatehgarh Kotwali, District Farrukhabad and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 2. Sri Upendra Singh, learned counsel for the informant states that while entertaining the writ petition on 02.09.2021, an interim order was accorded in favour of the petitioners on the ground that the matter was seized before the Mediation and Conciliation Centre, District Court, Farrukhabad. He submits that the report was submitted by the Judicial Magistrate/Fast Track Court No.2, Farrukhabad on 09.12.2022 with an observation that even though the matter was referred to the Mediation Centre but the accused persons have not shown any willingness to participate in the ongoing mediation proceeding. He submits that the investigation has completed and the charge sheet was submitted in the concerned Court. Even the concerned Court has also taken cognizance on 30.05.2022 but as the matter is pending before this Court, the concerned Court is not proceeding further and as such, the informant is suffering irreparable loss. 3. Learned counsel for the informant has further raised an objection that while passing the order dated 11.02.2025 this Court had proceeded to note the objection so raised by learned counsel for the informant that the petitioners are avoiding the proceeding before the concerned Court and only in this backdrop, the matter was directed to be listed today i.e. 19.02.2025 in top ten of the cases but inspite of the notice, learned counsel for the petitioners has not turned up and the interim order is liable to be vacated. 4. We have proceeded to examine the record in question and find that after investigation, the charge sheet has been submitted in the matter and the concerned Court has also taken cognizance on
30.05.2022. The chargesheet has not been assailed before this
Court.
In the facts and circumstances, we are not inclined to proceed further in the matter. 5. Accordingly, the writ petition is dismissed and the interim order is vacated. Order Date :- 19.2.2025 RKP (Prashant Kumar, J.) (Mahesh Chandra Tripathi, J.) Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad