Allahabad High Court
LAL DEVIversusSTATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
Holding
The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to pursue appropriate proceedings.
Summary
Lal Devi filed a criminal miscellaneous writ petition seeking a mandamus directing the State to ensure that a non‑cognizable report (NCR) be lodged against several accused at Ikauna Police Station, based on earlier orders dated 26‑03‑2019 and 04‑05‑2019. The State responded that a charge‑sheet had already been filed in court on 09‑09‑2019. The petitioner later requested permission to withdraw the writ petition, seeking liberty to pursue appropriate proceedings in the regular court. The Allahabad High Court, after hearing counsel, allowed the withdrawal and dismissed the writ petition, consigning it to the record with liberty to the petitioner to take further legal steps. The order was dated 24‑05‑2024.
Issues considered
- Whether the writ petition seeking mandamus for lodging an NCR can be entertained when the charge‑sheet is already filed.
- Whether the petitioner may be permitted to withdraw the writ petition and the court’s jurisdiction to dismiss it as withdrawn.
Subjects
- writ petition
- mandamus
- withdrawal
- charge sheet
- NCR
- criminal procedure
- High Court
- Allahabad
- petition dismissed
Judgment
Neutral Citation No. - 2024:AHC-LKO:39524-DB
Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 3698 of 2024
Petitioner :- Lal Devi
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt.
Lko. And Others
Counsel for Petitioner :- Rama Kant Dixit,Vineet Tiwari
Counsel for Respondent :- G.A.
Hon'ble Vivek Chaudhary,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner, learned AGA for
the State-respondents and perused the record.
This writ petition has been filed with a prayer to issue a
writ, order or direction in the nature of Mandamus for
commanding the opposite party nos. 1 and 2 to ensure
lodging of N.C.R. against the opposite party no. 4 to 8 at
Police Station-Ikauna, District Shrawasti in pursuance of
orders dated 26.3.2019 and 4.5.2019 passed by the
opposite party no. 2 on the applications of petitioner
moved on 25.3.2019 as well as on 4.5.2019.
Learned AGA, on the basis of his written instructions, states
that after due investigation charge sheet in the matter is
already filed in Court on 9.9.2019.
At this stage, learned counsel for the petitioner seeks
permission to withdraw this petition with liberty to take
appropriate proceedings in accordance with law before the
appropriate Court.
Accordingly, the writ petition is dismissed as withdrawn
with the aforesaid liberty and consigned to record.
.
(Narendra Kumar Johari, J.) (Vivek Chaudhary,J.)
Order Date :- 24.5.2024
AKK
Digitally signed by :-
AMIT KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench
Checking your session…