HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 14488 of 2025 Court No. - 42 HON'BLE J.J. MUNIR, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. The office has submitted a report dated 19.09.2025 which shows that notice issued to respondent no.4 by registered post fixing 22.09.2025, has neither led to an acknowledgment being received nor the registered cover returned undelivered. Service upon respondent no.4 is, therefore, deemed sufficient. No counter affidavit has been filed either on behalf of the State, or the private respondent despite time being granted on 01.09.2025. Admit. Heard forthwith. Heard Mr. Abhishek Jaiswal, Advocate holding brief of Mr. Anchal Kumar Rao, learned counsel for the petitioner, Mr. Shashi Shekhar Tiwari, learned A.G.A. on behalf of respondent no.4, when the case is called out. This writ petition has been filed seeking to quash the proceedings of Non- cognizable Report No.174 of 2021 dated 12.08.2021, under Sections 323 and 504 IPC, Police Station Jhangha, District Gorakhpur. The sole allegation in the non-cognizable report that was registered in this case is that on 11.08.2021 at about 5 o' clock in the evening, the accused Suresh Dubey, Indrajit Dubey, Bablu son of Indrajit Dubey and Versus Counsel for Petitioner(s) : Anchal Kumar Rao Counsel for Respondent(s) : G.A. Fakhruddin .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Fakhruddin son of Ahmad Ali @ Nasrat were unlawfully constructing a drain. When the informant forbade them from undertaking their illegal enterprise, the four men aforesaid lost their cool, abused the informant's sister Manish and beat up the two of them. A non-cognizable report was registered on the basis of aforesaid information given to the Police. No application has been made under Section 155(2) Cr.P.C. before the Magistrate by both the respondents seeking a direction to the Police to investigate the matter. A period of three years have elapsed. The aforesaid position is not disputed by the learned A.G.A. The submission is that the impugned non-cognizable report is based merely on a figment of imagination and there is absolutely no material to support the prosecution. It is a case, where the informant had not taken any steps to seek a direction from the Magistrate to Police to investigate the matter. The Police too have not made any effort to seek the necessary judicial permission to investigate the non-cognizable case. At this stage, as matter stands, there is a non-cognizable report, which is gathering dust, with no possibility of the matter being investigated to any end. The offence reported is trivial and whatever material that could later on turn evidence in Court, would have withered away and memories faded. At the same time, the petitioner says that he cannot apply for a passport because there is a case formally registered against him, may be a non-cognizable report, that figures in the Police records and makes his chances of being granted a passport, very bleak, if not altogether impossible. In the totality of circumstance, as matter stands, we find that permitting this non-cognizable report to stay in the register of the police station relating to non-cognizable cases is a patent abuse of process of criminal law. No useful purpose would be served in permitting the non-cognizable report to survive for the mere possibility of some future investigation. Rather, it would remain a perpetual blot upon the petitioner's good name for no good reason. The matter should now be given a quietus. In the circumstance, we allow this petition and quash the impugned Non- CRLP No. 14488 of 2025 2 cognizable Report No.174 of 2021, under Sections 323 and 504 IPC, Police Station- Jhangha, District Gorakhpur. An entry shall be made in the appropriate register, as also the G.D. of the Police Station that this non-cognizable report has been quashed under the orders of this Court. This part of our order shall be caused to be carried out by the learned Chief Judicial Magistrate in the records of the Police Station concerned. The Registrar (Compliance) is directed to communicate this order to the Senior Superintendent of Police, District Gorakhpur and the Station House Officer, Police Station Jhangha, District Gorakhpur through the learned Chief Judicial Magistrate, District Gorakhpur and the learned Chief Judicial Magistrate for necessary compliance within 48 hours. September 22, 2025 S.A. CRLP No. 14488 of 2025 3 (Pramod Kumar Srivastava,J.) (J.J. Munir,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad