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2025 DAILYLAW 45752 (ALL)

VIRENDRA YADAV v. STATE OF U.P. AND 3 OTHERS

CRLP/8235/2025 · 2025-05-05

Ram Manohar Narayan Mishra, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72568-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 8235 of 2025 Petitioner :- Virendra Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Nath Pandey Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Sri Ran Nath Pandey, learned counsel for the petitioner and learned A.G.A. for the State and perused the material available on record. 2. The instant writ petition has been filed by the petitioner has prayed for the following reliefs:- " Issue a writ, order or direction in the nature of certiorari to be quashing the impugned non cognizable information report dated 18.12.2021 got lodged bearing No.0072 of 2021, under Section 427 and 504 I.P.C. against the petitioner and three others in Police Station Dubhar, District Ballia." 3. Learned counsel for the petitioner submits that after filing of the aforesaid NCR dated 18.12.2021 nothing has been done in this case and because of pendency of this NCR without any investigation, petitioner is facing lots of problems. 4. Learned A.G.A., on the basis of instructions, submits that one application under Section 155 (2) Cr.P.C. was moved on behalf of the informant on 23.12.2021 and order was passed for investigation, but even after lapse of more than three years investigation has not been done. 5. In view of Section 468 Cr.P.C. cognizance has been barred by time. Hence, the petitioner is entitled to the relief prayed in the petition. 6. Accordingly, NCR dated 18.12.2021 is hereby quashed and writ petition is allowed. Order Date :- 6.5.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad