Dismissed¶27

Ramesh Chandra v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Allahabad HC28 Oct 2025CRLP/2379/2024

Case brief

AI extract

What is this about?

Ramesh Chandra v. State of U.P.; quashing of FIR; Case Crime No. 0035/2023; Section 409 IPC; P.S. S.I.T.; District State SIT U.P.; protection from arrest; interim order vacated; dismissal for non-prosecution; Economic Offences Wing Uttar Pradesh Lucknow; report to Government letter dated 11.08.2025; writ certiorari mandamus; Rajnish Kumar J.; Zafeer Ahmad J.; Lucknow Bench Allahabad High Court; Criminal Misc. Writ Petition 2379 of 2024.

What did the court decide?

As no one was present on behalf of the petitioner to press the petition and no request for adjournment or pass over was made, the writ petition is dismissed for non-prosecution. ¶27

Ramesh Chandra Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others — Allahabad HC (2025) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

CRIMINAL MISC. WRIT PETITION No. - 2379 of 2024

Ramesh Chandra

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others

¶7

o. n ers	.....Respondent(s)
Counsel for Petitioner(s)	: Rama Niwas Pathak
Counsel for Respondent(s)	: G.A.

¶8

Court No. - 10

¶9

HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J.

¶10

Case called out.

¶11

No one is present on behalf of the petitioner to press this petition nor any request for adjournment or pass over has been made whereas learned A.G.A. for the State is present.

¶12

This Court had passed the following order on 04.04.2024:-

¶13

"Heard learned counsel for the petitioner and the learned A.G.A. and perused the records.

¶14

Present petition has been filed with the following prayer:-

¶15

"(i) issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 11.10.2023 registered at FIR/Case Crime No. 0035/2023, Under Section 409 IPC at Police Station S.I.T, District State STI, U.P., (so far it relates with the petitioner), as contained in Annexure No. 1 to this Writ petition.

¶16

(ii) issue a writ, order or direction in the nature of Mandamus directing the opposite parties not to arrest the petitioner in pursuance of the impugned First Information Report dated 11.10.2023 registered at FIR/Case Crime No. 0035/2023, Under Section 409 IPC at Police Station S.I.T, District State SIT, U.P., Lucknow, as contained in Annexure No. 1

¶17

CRLP No. 2379 of 2024

¶18

¶19

to this Writ petition."

¶20

The contention of the petitioner's counsel is that there is no evidence regarding commission of any offence by the petitioner nor that he is responsible for the missing records, in fact, he had not been handed over the charge of the post which he took over at the relevant time. His implication is merely on suspicion without there being anything tangible, in the form of any evidence, regarding petitioner's complicity.

¶21

Learned A.G.A. already represents the official of opposite parties including the informant.

¶22

Looking into the fact that the petitioner has retired from the service in 2006 and he is 78 years of age and also in view of the submissions recorded here-in-above but without drawing any conclusive opinion, we are of the opinion that unless sufficient and cogent evidence available against the petitioner regarding his complicity in the alleged crime he shall not be arrested in pursuance of the FIR impugned herein.

¶23

Petitioner shall, however, get his statement recorded before the investigating officer, within one month, If he does not do so then the Investigating Officer shall file an affidavit seeking vacation of the interim order.

¶24

Pleadings may be exchanged within eight weeks.

¶25

List thereafter. "

¶26

Learned A.G.A., on the basis of telephonic instructions, submits that investigation in the matter was done by the Economic Offences Wing, Uttar Pradesh, Lucknow and after investigation, a report has been submitted to the Government vide letter dated 11.08.2025 and after decision by the Government, further action will be taken in the matter and a copy of the said letter is also taken on record, therefore, this petition has lost its efficacy.

¶27

Since no one is present on behalf of the petitioner, therefore, this petition is dismissed for non prosecution.

¶28

CRLP No. 2379 of 2024

¶29

¶30

Interim order, if any, stands vacated.

¶31

(Zafeer Ahmad,J.) (Rajnish Kumar,J.)

¶32

October 28, 2025 Saurabh

¶33

Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Ramesh Chandra v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Ramesh Chandra v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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