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2026 DAILYLAW 12915 (ALL)

ASHISH SHAKYA AND 6 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/21540/2025 · 2026-10-04

Jai Krishna Upadhyay, Rajeev Misra

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21540 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 Ms. Geetika Yadav, Ms. Kiran Tiwari, Mr. Mahesh Chandra Tiwari and Mohd. Sauood are duly published as counsel for the petitioners in the cause list, 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 the State respondents 1, 2 and 3 is present. Even though the name of Mr. Anand Kumar Tiwari is also published in the cause list as counsel for the first informant, respondent no.4, 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 Ashish Shakya and six others have approached this Court by means of present criminal misc. writ petition, challenging the impugned FIR dated 10.09.2025, lodged by first informant, respondent 4, Sri Yograj Singh, and registered as Case Crime No. 321 of 2025, under Section 137 (2) B.N.S., Police Station Hariparwat, District Agra. 4. Present writ petition came up for admission on 07.10.2025, and this Court passed the following order:- "1. Heard learned counsel for the petitioners and learned AGA for the State. 2. This writ petition has been filed seeking the quashing of the First Information Report dated 10.9.2025 registered as Case Crime No. 321 of 2025 under Sections 137(2) of B.N.S., 2023, Police Station - Hariparwat, District - Agra. 3. Contention of the learned counsel for the petitioners is that the parties have Versus Counsel for Petitioner(s) : Geetika Yadav, Kiran Tiwari, Mahesh Chandra Tiwari, Mohd Sauood Counsel for Respondent(s) : Anand Kumar Tiwari, G.A. Ashish Shakya And 6 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) compromised the matter. 4. It would be in the interest of justice that the original of the compromise be placed before the Investigating Officer who shall verify the same after taking the statements of the parties submit a report through the learned A.G.A. 5. Place this petition on 20.11.2025 6. Till the next date of listing, no coercive action shall be taken against the petitioners." 5. Upon perusal of order sheet, we find that the interim order has not been extended. As such, no interim order is operating in the present petition. Moreover, FIR impugned in the present petition was lodged on 10.09.2025, and a period of more than 1 year has expired. In all probability, chargesheet/police report must have been submitted by the investigating officer, upon which cognizance could also have been taken by the jurisdictional Magistrate. We are, therefore, of the considered opinion that by efflux of time, present petition has been rendered infructuous. 6. It is accordingly dismissed as having rendered infructuous. 7.Interim order, if any, shall stand vacated. October 5, 2026 AKT CRLP No. 21540 of 2025 2 (Jai Krishna Upadhyay,J.) (Rajeev Misra,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad