CHANDRABHAN CHAUBEY AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/457/2025 · 2025-01-23
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7143 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7143 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:11554-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 457 of 2025 Petitioner :- Chandrabhan Chaubey And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kumar Gaurav,Ram Pratap Yadav Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Mr. R.P. Yadav, learned counsel for the petitioners, Mr. G.P. Singh, learned A.G.A.-I for the State-respondents and perused the material brought on the record. 2. The relief sought in this petition is for quashing of the F.I.R. dated 04.09.2023 registered as Case Crime No.0297 of 2023, under Sections 416, 420, 467, 468, 465, 466, 471 and 120-B of I.P.C., P.S. - Sarpataha, District- Jaunpur. Further prayer has been made not to arrest the petitioners in the aforesaid case. 3. Learned counsel for the petitioners by means of the supplementary affidavit has brought on the record that anticipatory bail accorded by the Court below vide its order dated 22.12.2023 passed in CRN No. UPJP010080382023 and states that investigation has already completed and even the charge-sheet is in process to be submitted to the Court below and the is reflected from the parch no.18 which is also appended in the instant writ petition. Learned counsel for the petitioners, in this backdrop submits that charge-sheet has not been submitted to the competent Court till date and no cognizance has been taken by the Court below and meanwhile the Investigating Officer is unnecessarily harassing the petitioners. 4. The aforesaid relief is vehemently resisted by Mr. G.P. Singh, learned A.G.A.-I for the State-respondents by submitting that the instant writ petition has been preferred with concealment of material facts and even though the anticipatory bail has already been entertained by the Court below and moreover the same was allowed before instituting the instant writ petition which has not been divulged and later on as per record, the police report is also prepared in the instant matter and the same is in process to be submitted before the Court below, therefore, the instant writ petition is liable to be dismissed with exemplary
costs. 5. Confronted with above situation, learned counsel for the petitioners submits that he does not want to press the instant matter and the same may be dismissed as not pressed.
However, leave may be accorded to the petitioners to press an application u/s 482 Cr.P.C./528 B.N.S.S. before the appropriate forum. 6. With the aforesaid leave, the instant petition stands dismissed as not pressed. Order Date :- 23.1.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad