CRIMINAL MISC. WRIT PETITION No. 4632 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:36062-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4632 of 2025 Petitioner :- Achchhelal Prasad And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raja Sahani,Richesh Mishra Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State- respondent. 2. The present writ petition has been preferred under Article 226 of the Constitution of India seeking a writ of certiorari quashing the N.C.R. dated 06.05.2021, No. 0048 of 2021, under Sections 323 I.P.C., Police Station Bhatpar Rani, District Deoria on the ground that respondent no. 2 has not yet received an order to investigate the non-cognizable case from a Magistrate having power to try such case or commit the case for trial as per Section 155 (2) CrPC. Therefore, in view of Section 468 (2) (c) CrPC read with Section 469 (1) (a) CrPC, which creates bar to take cognizance after lapse of the period of limitation of three years, the respondents cannot proceed in view of NCR dated 06.05.2021. It is also contended that on account of aforesaid NCR, the futu