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2025 DAILYLAW 40875 (ALL)

IQBAL KHAN v. STATE OF U.P. AND 3 OTHERS

CRLP/17401/2020 · 2025-04-07

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51344-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 17401 of 2020 Petitioner :- Iqbal Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Akbar Shah Alam Khan,Satya Dheer Singh Jadaun 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 AGA for the State- respondent. 2. The present writ petition is preferred inter-alia for the following reliefs:- "(a) Issue a writ, order call for record and certiorari quashing the History Sheet No. 121-A of the petitioner at police Station Fugana, District Muzaffar Nagar (No order has been passed or served). (b). Issue the writ of mandamus commanding the respondent/police Authorities not to surveillance or watch upon petitioner in pursuance to the history sheet No. 121-A Police Station Fugana, District Muzaffar Nagar and no coercive step taken against the petitioner. (c) issue the writ of mandamus commanding and directing the respondents authorities to pass an appropriate order on the petitioner's application date 24.11.2020 and till then no coercive action taken against petitioner." 3. Learned Counsel for the petitioner states even though the State respondents were called way back in they year 2021 to submit response, but inspite of repeated indulgence accorded in favour of the State respondents, till date no response has been filed in the instant matter due to which the writ petitioner suffer irreparable loss and injuries. 4. In this backdrop, learned AGA states that some time may be accorded so that detailed counter affidavit may be filed in the matter. 5. Considering the factual situation and the relief as has been paid for, no useful purpose would be served in keeping the writ petition pending, with the consent of the parties, the instant writ petition is disposed off with the observation that in case petitioner moves a fresh representation within 10 days from today before the Authority concerned, we hope and trust that the Senior Superintendent of Police, District Muzaffar Nagar may examine the relief and pass an appropriate order, in accordance with law, expeditiously preferably within 3 weeks, thereafter, from the date of production of certified copy of this order. Order Date :- 8.4.2025 Bhanu (Prashant Kumar,J.) (M. C. Tripathi,J.) Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad