Dismissed¶21

Jai Prakash v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC31 Oct 2025CRLP/943/2024

Case brief

AI extract

What is this about?

FIR quashing writ dismissed after Final Report filing; Allahabad High Court Lucknow Bench; Criminal Misc. Writ Petition No. 943 of 2024; Jai Prakash v. State of U.P.; Section-436 I.P.C.; Case Crime No. 32/2024 dated 02.02.2024; Police Station Kotwali Bikapur, Faizabad/Ayodhya; fire in informant's shop; prior enmity; interim no-arrest order dated 8.02.2024 conditional on cooperation with investigation; Final Report filed 21.08.2024; petition lost efficacy; dismissal dated October 31, 2025; Rajnish Kumar, J.; Zafeer Ahmad, J.; advocate Anil Kumar Tiwari; G.A.

What did the court decide?

Since the Final Report has been filed in the matter on 21.08.2024, the petition has lost its efficacy — a position which learned counsel for the petitioner could not dispute — and the writ petition was accordingly dismissed. ¶21

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

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

CRIMINAL MISC. WRIT PETITION No. - 943 of 2024

Jai Prakash

.....Petitioner(s)

Versus

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

¶7

.....Respondent(s)

¶8

Counsel for Petitioner(s) : Anil Kumar Tiwari Counsel for Respondent(s) : G.A.

¶9

Court No. - 10

¶10

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

¶11

This Court had passed the following order on 8.02.2024:-

¶12

"Heard learned counsel for the petitioners and learned Additional Government Advocate for the State.

¶13

By means of this petition, the petitioner has sought quashing of First Information Report dated 02.02.2024 bearing Case Crime No.32/2024 alleging commission of offence under Section-436 I.P.C. lodged with Police Station-Kotwali Bikapur, District-Faizabad/Ayodhya.

¶14

Let notice be issued to opposite party no.4.

¶15

Pleadings be exchanged between the parties within eight weeks.

¶16

List thereafter.

¶17

Considering the submission of learned counsel for the petitioner that in the F.I.R. itself it is mentioned that the same is being lodged on mere suspicion otherwise there is no evidence to link the petitioner to the fire which broke out in the shop of the informant. Prior enmity can cut both ways, therefore, this is a fit case for quashing the F.I.R., we accordingly provide that petitioner shall not be arrested in the aforesaid criminal case unless there is sufficient and cogent evidence available against him indicating commission of criminal offence as alleged in the impugned First Information Report. However, he shall cooperate in the investigation and get his statement recorded before the Investigating Officer as and when called and if he does not do so then it can be made a ground for seeking vacation of this interim order"

¶18

Learned AGA, on the basis of instructions, submits that the Final

¶19

CRLP No. 943 of 2024

¶20

¶21

Report has been filed in the matter on 21.08.2024, therefore, this petition has lost it's efficacy, which could not be disputed by learned counsel for the petitioner. Dismissed accordingly.

¶22

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

¶23

October 31, 2025 Akanksha Sri/-

¶24

Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Jai Prakash v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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Jai Prakash v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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