Neutral Citation No. - 2025:AHC:117510 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.351) Court No. - 78 Case :- APPLICATION U/S 482 No. - 40749 of 2010 Applicant :- Hira Lal Jaiswal Opposite Party :- State Of U.P.And Others Counsel for Applicant :- Arvind Srivastava,S.K.Srivastava Counsel for Opposite Party :- Ashish Kumar Gupta Hon'ble Anish Kumar Gupta,J. 1. List revised. 2. None appears for the applicant to press the instant application. 3. The instant application has been filed seeking quashing of the investigation in pursuance to Case Crime No. 558 of 2010, under Section 419, 420, 467, 468, 469, 471 and 120-B IPC, P.S. Cantt., District Varanasi and to hand over the investigation of aforesaid case crime number to Central Bureau of Investigation. 4. On 08.03.2011, this Court passed the following order: "Heard Sri Arvind Srivastava, learned counsel for the applicant. Learned counsel submits that the property in dispute was earlier owned by Smt. Krishna Nandini Kunwar from whom the property has been purchased by the applicant. Office and residence of DIG, Varanasi Circle is being run in the property in dispute as tenant. A first information report was lodged by a police Sub Inspector simply on the ground that in the sale-deed executed in favour of the applicant, the property was shown to be in possession of the seller and not in possession of the DIG. According to the learned counsel for the applicant, this is a gross misuse of power on the part of the complainant at the behest of D.I.G. Notice on behalf of opposite parties has been accepted by learned AGA. Learned AGA prays for and is granted four weeks time to file counter affidavit. Rejoinder Affidavit may be filed within two weeks thereafter. List after the expiry of the aforesaid period before the appropriate Court. Till the next date of listing or submission of report under Section 173(2) Cr.P.C, whichever is earlier, no coercive process shall be issued against the applicant in pursuance of Case Crime No.558 of 2010, under Sections 418, 420, 467, 468, 469, 471 and 120-B IPC, police station Cantt., district Varanasi. It is, however, made clear that investigation may go on and no interference is being made in the investigation. A copy of this order may be given to learned AGA free of cost. " 5. The only prayer made in the instant case was to quash the investigation by police and hand over the same to the CBI. However, vide order 08.03.2011, this Court has permitted the investigation to go on and granted interim protection to the applicant during the investigation. Since the instant application was filed in 2010, therefore, the investigation must have been over by the time and a counter affidavit was fied on behalf of the State stating therein that the charge sheet was filed in the instant matter on 12.01.2011. 6. In view thereof, nothing survives in the matter. 7. Accordingly, the instant application is dismissed having become infructuous as well as for want of prosecution. Order Date :- 18.7.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad