Criminal Miscellaneous Writ Petition challenged based on claim that petitioner wanted despite FIR discrepancy. Court dismissed petition as not maintainable without police report, granting liberty to file afresh. FIR certified copy returned.
Return of certified copy of F.I.R to petitioner's counsel after retaining xerox.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 5804 of 2019
Petitioner :- Rakesh Kumar Nigam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sarvesh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Shri Sarvesh, learned counsel for the petitioner does not dispute that petitioner is not named in the F.I.R but his contention is that as per the information from the I.O, petitioner is wanted.
There is no police report that petitioner is wanted. If that be so, the writ petition as framed and filed is dismissed as not maintainable at this stage, but with liberty to file afresh at an appropriate stage in accordance with law.
Office is directed to return the certified copy of the F.I.R to learned counsel for the petitioner, after retaining a xerox thereof.
Order Date :- 12.3.2019 RS
3 issues framed by the court
Whether the criminal miscellaneous writ petition is maintainable when the petitioner is named in the FIR though counsel claims petitioner is not named.
Whether the petition can be dismissed without liberty to file afresh if there is no police report stating the petitioner is wanted.
Whether the petitioner is wanted based on information from the Investigating Officer in the absence of a police report.
Rakesh Kumar Nigam
State Of U.P.
2 Others
Pankaj Naqvi
Umesh Kumar
As recorded by the court registry
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