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Neutral Citation No. - 2025:AHC:38471-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1318 of 2024 Petitioner :- Lalai Saroj Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Abhishek Kumar Chaubey 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 State respondents.
2. Present writ petition has been preferred for quashing the order dated 19.05.2023 passed by the Superintendent of Police, Jaunpur and for a direction to respondents to close the History Sheet No.60-A of 2023, P.S. Nevadia, District Jaunpur.
3. This much is contended that the petitioner does not come under the criteria prescribed under Regulation 228 of the U.P. Police Regulations and as such the impugned order is liable to be set aside. It is also submitted that in similar circumstances this Court has accorded indulgence vide order dated 7.2.2024 in Criminal Misc. Writ Petition No.3355 of 2021 (Faisal @ Vaish Siddiqui v. State of U.P. & Ors.) and the petitioner being on similar footing is also entitled for similar indulgence. Reliance has also been placed on the judgment dated 4.3.2024 passed by the Division Bench of this Court in Criminal Misc. Writ Petition No.9074 of 2022 (Aftab Alam v. State of U.P. & Ors.).
4. Mr. G.P. Singh, learned A.G.A.-I for the State-respondents very fairly conceded the fact that in case petitioner moves a fresh application at the earliest before the Competent Authority, definitely the same would be considered expeditiously.
5. In the facts and circumstances of the case, no useful purpose would be served in keeping the writ petition pending
consideration. The writ petition stands disposed of asking the petitioner to move a fresh representation ventilating his grievance before the respondent No.3- Superintendent of Police, Jaunpur. In case any such representation is moved by the petitioner within three weeks, we hope and trust that the said representation would be considered on merit by the Competent Authority, who must accord audience to the parties having stake in the matter and only thereafter decide the said representation expeditiously, preferably
within three months. Suffice to indicate that the Court has not adverted on the merits of the case. . (Prashant Kumar, J.) (Mahesh Chandra Tripathi, J.)
Order Date :- 18.3.2025 RKP
Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad