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2025 DAILYLAW 57739 (ALL)

DHARMVEER ALIAS LAGDA v. STATE OF U.P. AND 3 OTHERS

CRLP/17880/2023 · 2025-03-17

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39064-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 17880 of 2023 Petitioner :- Dharmveer Alias Lagda Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prashant Ji Pandey 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- respondents. 2. In pith and substance, the petitioner is praying closure of the history sheet (History Sheet No.31A of the petitioner in Police Station- Titaro, District- Saharanpur) opened against the petitioner. 3. Learned counsel for the petitioner has placed reliance upon the judgment dated 28.07.2022 passed in Criminal Misc. Writ Petition No.14159 of 2019 (Mohd. Nafees Khan vs. State of U.P. and others) and states that a direction be issued to the Commissioner of Police to decide the application of the petitioner in accordance with law. He submits that the petitioner has been acquitted in all previous criminal cases, and there have been no criminal antecedents for more than ten years. Even though while entertaining the writ petition, the respondents were asked to file response, but till date, no counter affidavit has been filed. 4. Learned AGA on the other hand states that in case any such application is moved and the same is in consonance with law, definitely the competent authority shall pass appropriate orders on the same strictly in accordance with law. 5. Considering the factual situation, we are not inclined to keep the matter pending for consideration. With the consent of the parties, the writ petition stands disposed of with a direction that in case the petitioner moves a fresh application/ representation, the same shall be decided in light of the judgment passed in Mohd. Nafees Khan (supra), expeditiously, preferably within a period of three months from the date of production of a certified copy of this order. Order Date :- 18.3.2025 NLY (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad