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2026 DAILYLAW 13695 (ALL)

INDAR ALIAS INDRAPAL v. STATE OF U.P. AND 3 OTHERS

CRLP/23445/2025 · 2026-10-07

Ajay Kumar Ii, Rajeev Misra

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23445 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE DR. AJAY KUMAR-II, J. 1. Heard Mr. Alok Kumar, the learned counsel for petitioner and the learned AGA for State-respondent 1, 2 & 3. 2. Perused the record. 3. Petitioner-Indar @ Indrapal has approached this Court by means of present writ petition challenging the impugned FIR dated 04.05.2025 lodged by first informant-respondent-4 Shaleem Amad and registered as Case Crime Number 68 of 2025, under Sections 87, 137(2) BNS, Police Station-Kakrauli, District-Muzaffarnagar. 4. Present writ petition came up for admission on 16.10.2025 and this Court passed the following order;- "1. The instant writ petition has been filed with the following main reliefs:- "(i) Issue a writ, order or direction in the nature of certiorari for quashing the F.I.R. dated 04.05.2025 in case crime no. 68 of 2025, U/s 87, 137(2) B.N.S. 2023, P.S. Kakrauli, District Muzaffarnagar. (ii) Issue a writ order or direction in the nature of mandamus for arrest stay the F.I.R. dated 04.05.2025 in case crime no. 68 of 2025, U/s 87, 137(2) B.N.S. 2023, P.S. Kakrauli, District Muzaffarnagar." 2. Heard learned counsel appearing on behalf of the petitioner, perused the contents made in the writ petition and documents on record. Versus Counsel for Petitioner(s) : Alok Kumar Counsel for Respondent(s) : G.A. Indar Alias Indrapal .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 3. Taking into consideration of the submissions and contents made in the writ petition, we are of the view that matter requires consideration. 4. Issue notice to respondent no.4 through S.H.O. concerned, returnable at an early date. 5. Appropriate steps be taken within a week. 6. List this case on 24.11.2025 among top ten cases. 7. In the meanwhile, no coercive action shall be taken against the petitioner in respect of the aforesaid case crime subject to co-operation with the investigating agency. 8. It is directed to the petitioner to produce the victim within two weeks before police for recording her statement under Sections 180 and 183 B.N.S.S. 9. Chief Medical Officer, Muzaffarnagar is directed to do the ossification test of victim 'X' to determine her age." 5. Office has submitted a report dated 07.05.2026 stating therein that the learned counsel for petitioner has not taken steps in compliance of above order dated 16.10.2025. Since steps have not been taken for service upon first informant-respondent-4, therefore, the present writ petition is liable to be dismissed. 6. It is, accordingly, dismissed. 7. Interim order, if any, shall stand vacated. October 8, 2026 Vinay CRLP No. 23445 of 2025 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad