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Neutral Citation No. - 2025:AHC:35870-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4636 of 2025 Petitioner :- Mayank Raghav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Araf Khan,Lihazur Rahman Khan Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Shri Sekh Obaidulla, Advocate holding brief of Shri Lihazur Rahman Khan, learned counsel for the petitioner, Shri Mukesh Kumar Kushwaha, learned counsel for the informant and learned AGA for the State-respondents. 2. The instant writ petition is preferred to quash the FIR dated 09.09.2024 registered as Case Crime No. 305 of 2024, under Sections 61(2), 125, 308(5) of BNS, 2023, Police Station Delhi Gate, District Aligarh. 3. Learned AGA at the very outset placed detailed instruction, wherein the criminal cases registered against the petitioner has been given in detail. 4. Learned counsel for the petitioner has placed heavy reliance on an interim order accorded in favour of the co- accused namely Haris and Akki in Criminal Misc. Writ Petition No. 17731 of 2024 and 2364 of 2025 by this Court on 11.11.2024 and requested that similar indulgence may be accorded in the instant matter. 5. Learned counsel for the informant has raised objection to the prayer so made and placed reliance on an another order passed in case of co-accused Yasin in Criminal Misc, Writ Petition No. 19243 of 2024 (Yasin vs. State of U.P. and 3 others), which was dismissed by this Court vide order dated 14.11.2024, wherein it has been held that prima facie case is made out against the petitioner Yasin (supra). 6. We are surprised to know that the petitioner is having history of ten criminal cases against him. He is accused in
serious offences and most of the cases are registered under section 307 I.P.C. and very conveniently while drafting the writ petition no where such declaration has been made to give details about the previous criminal antecedents and also no where it is disclosed regarding the criminal proceedings. 7. Once the objection has been raised, we have occasion to peruse the record and pleadings as has been set up before this Court, we are surprised that the writ petition contains only 8 paragraph and petitioner's counsel tried to impress the Court that petitioner does not have any criminal antecedents, whereas details of criminal antecedents has been produced by learned AGA.
8. Considering the aforementioned criminal proceedings, we find, now it has become practice by an Advocate, once the State has informed about the criminal antecedents of the petitioner, it has been argued by learned counsel very conveniently that the writ petition may be dismissed as not pressed or leave may be accorded to explain criminal history. Similar request has been made in the instant writ petition. We refuse to accord the interim relief, accordingly the writ petition is dismissed with cost of Rs. 10,000/-. The Cost may be paid to the Bar Association. Order Date :- 11.3.2025 Bhanu (Prashant Kumar,J.) (M. C. Tripathi,J.) Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad