Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:84871-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8439 of 2024 Petitioner :- Akhilesh Kumar Sharma Respondent :- State Of U.P And 3 Others Counsel for Petitioner :- Sharad Srivastava Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.
1. Heard learned counsel for the parties.
2. Prayer made in the writ petition to quash the FIR dated 16.03.2024, registered as Case Crime No. 097 under Section I.P.C., Police Station Kotwali, District Bareilly.
3. Admittedly in the instant proceedings, police report in terms of Section 173 (2) Cr.P.C. has already been submitted before the competent Court and on the police report/charge- sheet dated 07.06.2024, the Court has taken cognizance on
25.10.2024. The charge-sheet and cognizance order as well as entire proceedings of Case No. 14921 of 2024; State vs. Akhileh Kumar Sharma arising out of Case Crime No. 097 of 2024 under Sections 376, 504, 506 and 377 I.P.C., Police Station Kotwali, District Bareilly, have been assailed separate by the applicant in Application under Section 528 BNSS No. 8737 of 2025.
4. Learned counsel for the petitioner submits that as there is no fresh cause of action arrived and the petitioner has already
instituted proceedings under Section 528 BNSS, the instant writ petition may be dismissed as not pressed.
5. Accordingly, the instant writ petition is dismissed not pressed. Order Date :- 20.5.2025 Shiraz (Anil Kumar- X, J.) (Mahesh Chandra Tripathi, J.) Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad