Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:90691-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10820 of 2025 Petitioner :- Jainuddin Respondent :- The State Of U.P. And 5 Others Counsel for Petitioner :- Pankaj Baranwal Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.
1. Heard learned counsel for the petitioner and learned AGA for State respondents.
2. The instant writ petition has been preferred for a direction to respondents to ensure fair and impartial investigation in connection with FIR dated 05.11.2024 bearing Case Crime No.0366 of 2024 under Section 3(5), 309(6), 109(1), 352, 352(3) BNS, P.S. Shahganj, District Jaunpur.
3. At the very outset, learned A.G.A. has raised an objection regarding the maintainability of the writ petition on the ground that for the similar cause of action the petitioner has earlier preferred Criminal Misc. Writ Petition No.594 of 2025 (Jainuddin vs. State of U.P. and others), which was disposed of vide order dated 10.02.2025 directing the police authorities to conclude the investigation impartially and expeditiously. As such it is contended that once for similar cause of action earlier writ petition was preferred, which was disposed of with certain direction, the preferring of second writ petition for the same cause of action is an abuse of the process of law and liable to be dismissed with exemplary cost.
4. Considering the facts and circumstances as well as perusing the record, we find substance in the objection raised by learned A.G.A. Once for similar cause of action earlier writ petition was entertained, the preferring of instant writ petition for the same cause of action is an abuse of the process of law and the same is liable to be dismissed.
5. In view of above, we are not inclined to entertain the instant writ petition and the same is accordingly dismissed. Needles to say, it
is open for the petitioner to press the appropriate relief in accordance with law. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 27.5.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad