Balvir Singh @ Sintoo Singh vs State Of U.P. And 2 Others
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Allahabad High Court

Balvir Singh @ Sintoo Singh vs State Of U.P. And 2 Others on 25 February, 2025

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:26737-DB
 
Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2925 of 2025
 

 
Petitioner :- Balvir Singh @ Sintoo Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ashutosh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.
 

Hon'ble Prashant Kumar,J.

1. Advocates are abstaining from judicial work. Learned AGA is present.

2. Present writ petition has been preferred for quashing the order dated 10.09.2024 passed by Senior Superintendent of Police, Gorakhpur/ respondent no. 2 and for a direction to respondents to close the History Sheet No. 57A.

3. This much is reflected from the record in question that the petitioner does not come under the criteria prescribed under Regulation 228 of the U.P. Police Regulations and as such the impugned order is liable to be set aside. In similar circumstances, this Court has accorded indulgence vide order dated 7.2.2024 in Criminal Misc. Writ Petition No.3355 of 2021 (Faisal @ Vaish Siddiqui v. State of U.P. & Ors.). Reliance has also been placed on the judgment dated 4.3.2024 passed by the Division Bench of this Court in Criminal Misc. Writ Petition No.9074 of 2022 (Aftab Alam v. State of U.P. & Ors.).

4. Learned A.G.A. for the State-respondents very fairly conceded the fact that in case petitioner moves a fresh application at the earliest before the Competent Authority, definitely the same would be considered expeditiously.

5. In the facts and circumstances of the case, no useful purpose would be served in keeping the writ petition pending consideration. The writ petition stands disposed of asking the petitioner to move a fresh representation ventilating his grievance before the respondent No. 2- Senior Superintendent of Police, Gorakhpur. In case any such representation is moved by the petitioner within three weeks, we hope and trust that the said representation would be considered on merit by the Competent Authority, who must accord audience to the parties having stake in the matter and only thereafter decide the said representation expeditiously, preferably within three months. Suffice to indicate that the Court has not adverted on the merits of the case.

(Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.)

Order Date :- 25.2.2025

A.K.Srivastava