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Neutral Citation No. - 2025:AHC:38987-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5032 of 2025 Petitioner :- Raj Kumar Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahendra Ram Maurya Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents.
2. The present petition has been filed by the petitioner interalia with following reliefs:-
"(a) issue, a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 21.05.2024 as Case Crime No. 234 of 2024, Under Section 363, 366, 1.P.C., Police Station- Reoti, District-Ballia, (contained in Annexure No. 1) to this writ petition. (b) issue, a writ, order or direction in the nature of mandamus directing the respondents no. 2 not to harass/arrest the petitioner in pursuance of the impugned F.I.R. dated 21.05.2024 as Case Crime No. 234 of 2024, Under Section 363, 366, I.P.C., Police Station-Reoti, District-Ballia contained in Annexure No. 1) to this writ petition during the pendency of the present writ petition before this Hon'ble court."
3. It is alleged that the petitioner has eloped with the informant's daughter.
4. We have asked a pointed query regarding whether the informant's daughter has been traced. However, no satisfactory response has been furnished. Learned A.G.A., on instructions, states that the informant's daughter, who is a minor, has not been traced till date. 5.Considering the First Information Report, in which the petitioner is named, we are not inclined to entertain the writ petition for quashing the first information report.
6. Confronted with the situation, learned counsel for the petitioner submits that he does not want to press the writ petition and the same may be dismissed as not pressed but leave may be accorded to press the bail/ anticipatory bail.
7. The writ petition is dismissed as not pressed leaving it open for the petitioner to apply before the competent court for bail/ anticipatory bail in accordance with law. Order Date :- 19.3.2025 NLY (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad