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2025 DAILYLAW 42610 (ALL)

DEEPAK CHANDRA AGARWAL v. STATE OF U.P. AND 2 OTHERS

CRLP/7352/2025 · 2025-04-23

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62699-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7352 of 2025 Petitioner :- Deepak Chandra Agarwal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Girja Shanker Sen,Krishna Dutt Awasthi Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard Mr. Ashutosh Kumar Mishra, learned Advocate, holding brief of Mr. G.S. Sen, learned counsel for the petitioner, learned A.G.A. for the State-respondents and perused the material brought on the record. 2. The present writ petition is preferred under Article 226 of the Constitution of India with following principal relief:- "(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2, Senior Superintendent of Police, Bareilly to consider and decide the claim of petitioner contained in representation dated 06.01.2025 for being cancelled the History Sheet "B Type" from the criminal register No.8 Part-5 of Police Station- Prem Nagar, District- Bareilly, which was illegally opened against the petitioner, based upon registration of sole criminal case bearing case crime no.1612 of 2005, under Sections 489A, 489B, 489C, 489D I.P.C., P.S. - Kotwali, District- Bareilly from which the petitioner acquitted by learned trial court; vide Judgment and order dated 31.05.2008." 3. After arguing at some length, learned counsel for the petitioner in support of his submissions has placed reliance upon the judgment and order dated 4.3.2024 passed by a Division Bench of this Court in Criminal Misc. Writ Petition No.- 9074 of 2022 (Aftab Alam Vs. State of U.P. and 2 others) and submits that he has already moved a representation dated 06.01.2025 before the S.S.P concerned for closing history-sheet. However, the respondent- Authority has not taken final call to the same and the same is still pending for consideration. 4. On the other hand, learned A.G.A. for the State-respondents very fairly conceded the fact that in case, the grievance of the petitioner has not ventilated till date and the same is still pending for consideration before the Competent Authority, definitely the same would be considered expeditiously. 5. In the facts and circumstances of the case, no useful purpose would be served in keeping the writ petition pending consideration. The writ petition, on consent, is disposed of asking the respondent No.2 i.e. Senior Superintendent of Police, District- Bareilly to take the final call on the representation dated 06.01.2025 so preferred by the petitioner precisely keeping in view the mandate given by a Division Bench of this Court in Criminal Misc. Writ Petition No.- 9074 of 2022 (Aftab Alam Vs. State of U.P. and 2 others) after according audience to all stakeholders in the matter and only thereafter decide the said representation expeditiously, preferably within a period of two months from the date of production of certified copy of this order before him. 6. It is made clear that the Court has not adverted on the merits of the case. Order Date :- 24.4.2025 Sachin (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad