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2026 DAILYLAW 12469 (ALL)

ROHIT RASTOGI AND ANOTHER v. STATE OF UP AND 2 OTHERS

CRLP/3230/2024 · 2026-10-06

Jai Krishna Upadhyay, Rajeev Misra

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 3230 of 2024 With CRIMINAL MISC. WRIT PETITION No. - 2745 of 2024 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE JAI KRISHNA UPADHYAY, J. 1. Case called out in revised list. 2. Even though the names of Mr. Mohit Singh, Shri Pandey Balkrishna and Shri Ravi Kumar Singh are duly published in the cause list as counsel for petitioners in both the writ petitions, however, neither they nor anyone on their behalf is present to press the present writ petition even in revised call. 3. Learned AGA representing state respondents 1 and 2 is present. 4. Though the name of Mr. Aditya Prasad Mishra is also published in the cause list as counsel for first informant, but neither he nor anyone on his behalf is present to oppose the present writ petitions, even in revised call. 5. Perused the record. 6. Petitioners have approached this Court by means of aforesaid writ Versus Counsel for Petitioner(s) : Mohit Singh, Pandey Balkrishna, Ravi Kumar Singh Counsel for Respondent(s) : Aditya Prasad Mishra, G.A. Gagan Mittal Versus Counsel for Petitioner(s) : Mohit Singh, Pandey Balkrishna, Ravi Kumar Singh Counsel for Respondent(s) : G.A., Aditya Prasad Mishra Rohit Rastogi And Another .....Petitioner(s) State Of Up And 2 Others .....Respondent(s) .....Petitioner(s) State Of Up And 2 Others .....Respondent(s) petitions challenging the impugned FIR dated 2.2.2024, lodged by first informant respondent 3, Anjelena George, and registered as Case Crime No.28 of 2024 under Sections 406, 420, 467, 468, 471, 323, 504, 506 IPC, Police Station Bhawanpur, District Meerut. 7. On the matter being taken up, learned AGA representing state respondents submits that during pendency of present writ petitions, the Investigating Officer upon completion of statutory investigation of aforementioned Case Crime Number has submitted the charge sheet / police report dated 10.6.2024 in terms of Section 173(2) CrPC upon which cognizance has also been taken by the jurisdictional Magistrate by cognizance taking order dated 24.3.2026 under Section 190(1)(b) CrPC. 8. In view of above, we find that no cause of action now survives to petitioners to press the present writ petition any further. 9. As a result, the writ petitions fail and are liable to be dismissed as having rendered infructuous. 10. It is accordingly dismissed as having rendered infructuous. 11. Interim order, if any, shall stand vacated. October 7, 2026 safi CRLP No. 3230 of 2024 2 (Jai Krishna Upadhyay,J.) (Rajeev Misra,J.) Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad