Writ petition under Article 227 seeking to set aside an order directing FIR registration. Court dismissed petition as infructuous because the FIR was already registered by the State.
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Court No. - 76
Case :- MATTERS UNDER ARTICLE 227 No. - 8993 of 2019 Petitioner :- Anand Kumar And 02 Others Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Arvind Srivastava,Ashok Kumar Dubey
Counsel for Respondent :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Nobody is present on behalf of the petitioners to press the present petition even in the revised reading of the list.
The present petition under Article 227 of the Constitution of India has been filed to set aside the order dated 11th November, 2019 passed by the Special Judge, S.C./.S.T. Act, Chitrakoot (Annexure-4 to the present petition), whereby the Special Judge has allowed the application filed by opposite party no.2 under Section 156 (3) for lodging of the first information report against the petitioners and has directed the concerned Police Station to lodge the first information report and investigate the matter.
On 7th December, 2019, a Coordinate Bench of this Court passed following order:
"Learned counsel for the petitioners prays for and is allowed a week's time to file supplementary affidavit specifically stating therein as pursuant to the impugned order passed under Section 156(3) Cr.P.C. the first information report has been registered or not.
Put up this case as fresh on 17.12.2019 before the appropriate Court.
The case shall not be treated as tied up or part heard to this Bench. "
In compliance of the above order, on the instruction being received, Mr. Prashant Kumar, learned A.G.A. for the State has informed the Court that in pursuance of the impugned order, the first information report has already been lodged against the petitioners, which has been registered as Case Crime No. 0902 of 2019, under Section 364 I.P.C., Police Station-Karvi Kotwali Nagar, District-Chitrakoot. He has also produced before the Court a copy of the first information report, which is taken on record. He, therefore, submits that the present petition has now become infructuous.
In view of the aforesaid, the present petition is accordingly dismissed as having become infructuous.
(Manju Rani Chauhan, J.)
Order Date :- 3.1.2020 Sushil/-
2 provisions across 2 enactments
Anand Kumar
State Of U.P.
Manju Rani Chauhan
As recorded by the court registry
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