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2026 DAILYLAW 12551 (ALL)

SMT. SONAM DEVI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/21217/2025 · 2026-10-04

Jai Krishna Upadhyay, Rajeev Misra

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21217 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE JAI KRISHNA UPADHYAY, J. 1. Heard Mr. Hari Shankar, the learned counsel for petitioners and the learned AGA representing state respondents 1, 2 and 3. 2. Perused the record. 3. Petitioners Sonam Devi and another have approached this Court by means of present criminal misc. writ petition challenging the FIR dated 29.03.2024 lodged by first informant respondent no.4, Pappu and registered as Case Crime No. 55 of 2024, under Section 363 I.P.C., Police Station Raipura, District Chitrakoot. 4. It is apposite to mention here that petitioner no. 1 is the prosecutrix and she has joined petitioner no. 2 in present petition only to establish the bonafide of petitioner no. 2. 5. On the matter being taken up, learned AGA representing state respondents 1, 2 and 3 submits that during pendency of present petition, investigating officer, upon completion of the statutory investigation of the aforementioned case crime number in terms of Chapter XII Cr.P.C., , has forwarded/submitted the chargesheet/police report dated 30.10.2025. 6. Since a period of more than 11 months has rolled by from the date of aforesaid chargesheet, we are of the view that cognizance must have been taken upon same by the jurisdictional Magistrate in exercise of his jurisdiction under Section 190 (1) (b) Cr.P.C. We are, therefore, of the considered opinion that by efflux of time, present petition has been rendered infructuous. 7. It is accordingly dismissed as having rendered infructuous. 8. Interim order, if any, stands vacated. October 5, 2026 AKT Versus Counsel for Petitioner(s) : Babu Lal Ram, Hari Shankar Counsel for Respondent(s) : G.A. (Jai Krishna Upadhyay,J.) (Rajeev Misra,J.) Smt. Sonam Devi And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad