Allahabad High Court
SAHIBE ALAM AND OTHERSversusSTATE OF U.P THRU. PRIN. SECY. HOME GOVT. OF U.P. CIVIL SECTT. LKO. AND OTHERS
- Decided
- Disposal
- Consigned to Record
Holding
The petition is dismissed for want of prosecution.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking a direction in the nature of certiorari to quash FIR No. 225 of 2023 under Section 188 of the Indian Penal Code. No counsel appeared on behalf of the petitioners, while the learned Additional Government Advocate for the State was present. The State's counsel indicated that a charge-sheet had been prepared but further investigation was ongoing, with no clear instructions on its status. The court observed that the petition appeared to have lost its efficacy or the petitioners were not interested in pursuing the matter. Consequently, the court dismissed the petition for want of prosecution and vacated any interim order.
Issues considered
- Whether a writ petition seeking quashing of an FIR can proceed in the absence of petitioner representation
- Whether the court can dismiss a petition for want of prosecution
Legislation cited
- Indian Penal Code — s. 188
Subjects
- criminal procedure
- writ petition
- quashing FIR
- certiorari
- want of prosecution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 704 of 2024
Sahibe Alam And Others
.....Petitioner(s)
Versus
State Of U.P Thru. Prin. Secy. Home Govt. Of U.P.
Civil Sectt. Lko. And Others .....Respondent(s)
Counsel for Petitioner(s) : Sajjad Husain
Counsel for Respondent(s) : G.A.
Court No. - 10
HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Case called out.
2. None is present on behalf of the petitioners, whereas learned AGA for
the State is present.
3. This petition seeks issuance of direction in the nature of certiorari for
quashing the impugned F.I.R. bearing FIR No.225 of 2023, under
Sections 188 I.P.C., Police Station Kotwali Nagar, District Bahraich.
4. Learned AGA, on the basis of instructions, submits that charge-sheet
was prepared against the petitioners, however, the Circle Officer has
directed further investigation. As per averments made in the counter
affidavit, learned AGA submits that further investigation is going on,
however, he has no instructions in regard to current status of further
investigation.
5. In view of above, it appears that either the petition has lost its efficacy
or the petitioners are not interested in pursuing the matter.
6. As none is present on behalf of the petitioners to press this petition, it
is, accordingly, dismissed for want of prosecution. Interim order, if
any, stands vacated.
(Zafeer Ahmad,J.) (Rajnish Kumar,J.)
October 16, 2025
Ajit
Digitally signed by :-
AJIT KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench
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