Allahabad High Court

Smt Khurshida vs State Of Uttar Pradesh And 4 Others on 1 May, 2025

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:69546-DB
 
Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 8002 of 2025
 

 
Petitioner :- Smt Khurshida
 
Respondent :- State Of Uttar Pradesh And 4 Others
 
Counsel for Petitioner :- Rajesh Kumar Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Anil Kumar-X,J.

1. Heard ShriRajesh Kumar Yadav, learned counsel for the petitioner and Shri Paritosh Malviya, learned AGA for the State respondents.

2. Present petition has been preferred praying for the following relief:

"(a) To issue a writ, order or direction in the nature of Mandamus directing the respondents no. 02 to re-investigate the F.I.R. dated 27.02.2005 by the Crime Branch Muzaffer Nagar or any other appropriate agency, pertaining to Case Crime No. 269 of 2005, Under Section 302 I.P.C, at Police Station Kotwali, District Muzaffer Nagar (Annexure No. 01)."

3. Shri Paritosh Malviya, learned AGA, has raised a preliminary objection regarding the maintainability of the instant petition on three grounds. Firstly, the petition has been preferred with inordinate delay and is liable to be dismissed on the ground of delay and laches. Secondly, in the impugned FIR, during the investigation, the complicity of the three accused was found, and accordingly, a police report was submitted on 27.02.2005. Cognizance was taken on 19.05.2005. Later, on 29.10.2005, charges were framed, and the three accused were acquitted by the trial court vide judgment and order dated 22.02.2006, on the ground that the witnesses turned hostile during the trial. Thirdly, it is submitted that the CrPC is a self-contained code, and at no point in time the petitioner has assailed the judgment and order dated 22.02.2006. Therefore, the petition is devoid of merit, and as such, no direction can be issued under Article 226 of the Constitution of India.

4. Considering the objections raised, we have carefully examined and perused the record and found that it is an admitted fact that the judgment and order dated 22.02.2006, whereby the trial court acquitted the three accused persons, has not been challenged at any point in time. Therefore, we find that, for all practical purposes, the said judgment and order has attained finality, and no such direction can be issued. In the facts and circumstances of the case, we decline to exercise our discretionary jurisdiction under Article 226 of the Constitution of India. The writ petition is devoid of merit and is accordingly dismissed.

Order Date :- 1.5.2025

NLY

(Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.)