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2026 DAILYLAW 12763 (ALL)

NEERAJ YADAV AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/20424/2025 · 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. - 20424 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE JAI KRISHNA UPADHYAY, J. 1. Case called out in the revised list. Even though the names of Mr. Ali Hasan and Mr. Asif Hasan are duly published in the cause list as counsel for the petitioners but neither they nor anyone on their behalf is present to press the present writ petition, even in revised call. Learned A.G.A. representing State respondents 1 and 2 is present. Even though the name of Mr. Vivek Kumar Singh is also published in the cause list as counsel for the first informant, respondent no.3, but neither he nor anyone on his behalf is present to oppose the present writ petition, even in revised call. 2. Perused the record. 3.Petitioner Neeraj Yadav and two others have approached this Court by means of present criminal miscellaneous writ petition, challenging the impugned FIR dated 26.08.2025, lodged by first informant, respondent 3, Ravi Kumar Pal, and registered as Case Crime No. 0193 of 2025, under Sections 318 (4), 319 (2), 336 (4), 338, 340 (2) of B.N.S., 2023, Police Station Gaura Badshahpur, District Jaunpur. 4. Present writ petition came up for admission on 11.09.2025, and this Court passed the following order:- "1. Heard learned counsel for the petitioners and learned AGA-I for the State. 2. The present FIR has been lodged during the pendency of the suit for cancellation of disputed sale deed alleged to be void on account of non transfer of sale consideration. 3. Learned counsel for the petitioners submits that there is no justification to lodge the FIR. Versus Counsel for Petitioner(s) : Ali Hasan, Asif Hasan Counsel for Respondent(s) : G.A., Vivek Kumar Singh Neeraj Yadav And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 4. Matter requires consideration. 5. Issue notice to respondent no.3. 6. Steps be taken within a week. 7. Shri Vivek Kumar, learned counsel for respondent no.3 prays for and is allowed four weeks time to file counter affidavit. 8. Rejoinder affidavit may be filed within two weeks thereafter, if any. 9. List this case after six weeks. 10. Till then, the petitioners shall not be arrested in pursuance of the impugned F.I.R. dated 26.08.2025, registered as Case Crime No.0193 of 2025, under Section 318(4), 319(2), 336(4), 338, 340(2) of B.N.S., 2023, Police Station Gaura Badshahpur, District Jaunpur. " 5 Office has submitted a report dated 5.10.2026 stating therein that learned counsel for petitioners has not taken steps for service upon unserved respondents in compliance of above order dated 11.09.2025 passed by this Court.6. 6.In view of above, the present writ petition is liable to be dismissed as having become infructuous. 7. It is accordingly dismissed. 8.Interim order, if any, shall stand vacated. October 5, 2026 AKT CRLP No. 20424 of 2025 2 (Jai Krishna Upadhyay,J.) (Rajeev Misra,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad