A writ petition sought a mandamus for fair investigation and arrest of accused. The High Court found the petition infructuous as the charge-sheet was already submitted and dismissed it without engaging in substantive analysis on merits.
None granted; writ petition dismissed as infructuous.
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Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 11368 of 2021
Petitioner :- Mustakim Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Yogesh Mishra Counsel for Respondent :- G.A
Hon'ble Vivek Kumar Birla,J. Hon'ble Chandra Kumar Rai,J.
Heard Sri Yogesh Mishra, learned counsel for the petitioner and the learned AGA for the State.
The present writ petition has been filed praying for the following reliefs :
"(I) A writ, order or direction in the nature of Mandamus directing to the respondent authorities to proceed with the fair investigation at the earliest in Case Crime No.0152 of 2021, under Sections 323, 504, 506, 325 IPC, P.S. Lohta, District Varanasi.
(II) A writ, order or direction in the nature of Mandamus directing to the authority concerned to arrest the accused persons so as to protect the life and liberty of the petitioner and his family."
The learned AGA states that a charge-sheet no. 01/2021 has been submitted in this matter on 16.7.2021.
Accordingly, the writ petition is dismissed as infructuous.
Order Date :- 4.12.2021 C.Prakash
1 issue framed by the court
Whether the writ petition seeking direction for fair investigation and arrest of accused remains maintainable given the submission of the charge-sheet.
Mustakim
State Of U.P.
Vivek Kumar Birla
Chandra Kumar Rai
As recorded by the court registry
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