Disposed

Amit Kumar and Another v. State of U.P and 2 Others

Allahabad HC16 Jul 2021CRLP/4233/2021

Case brief

AI extract

What is this about?

In this criminal miscellaneous writ petition, the High Court disposed of the matter. The petition sought to quash an FIR and restrain arrest under Sections 366 IPC and 3(2)(V) SC/ST Act. The Court held that no cause of action survived as the police had submitted the final report regarding the petitioners' juvenile status, rendering the petition moot. The writ petition was disposed off.

What did the court decide?

The writ petition is disposed off as the police had submitted the final report, leaving no cause of action.

Amit Kumar and Another Vs State of U.P and 2 Others — Caste Atrocities | Allahabad HC (2021)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4233 of 2021

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Petitioner :- Amit Kumar And Another Respondent :- State Of U.P And 2 Others Counsel for Petitioner :- Santosh Kumar Singh,Maiku Lal Maurya Counsel for Respondent :- G.A.

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.

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Heard Sri Santosh Kumar Singh for the petitioners and Sri Rishi Chaddha, learned AGA for State.

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The writ petition has been filed inter alia for the following relief:

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(i) Issue a writ order or direction in the nature of certiorari quashing the impugned first information report dated 27.5.2021, in Case Crime No. 0112 of 2021 under Section 366 IPC and Section 3 (2) (V) SC/ST Act, 1989 (Amended 2015), Police Station Husainganj, Distt. Fatehpur (Annexure No. 1 to the writ petition)

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(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 to not to arrest and harass to the petitioners in pursuance of Case Crime No. 0112 of 2021 under Section 366 IPC and Section 3 (2) (V) SC/ST Act, 1989 (Amended 2015), Police Station Husainganj, Distt. Fatehpur.

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As per the allegation in the impugned First Information Report, the age of petitioner no.1 is about 20 years. As per copy of High School Examination Result (Annexure Nos.2 and 3 to the writ petition respectively) date of birth of petitioner no. 1 is 03.04.2001 and date of birth of petitioner no. 2 is 02.01.2000.

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Sri Rishi Chaddha, learned AGA, on the basis of instructions, has stated that petitioner no.1 found to be major and police has submitted final report in the above noted First Information Report.

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Thus no cause of action survives in the present writ petition inasmuch as the final report has been submitted by the police as stated by learned AGA.

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In view of aforesaid, the writ petition is disposed off.

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Order Date :- 16.7.2021 Rahul Dwivedi/-

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Digitally signed by Justice Surya Digitally signed by Justice Piyush Prakash Kesarwani Agrawal Date: 2021.07.16 14:59:42 IST Date: 2021.07.16 15:00:14 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad

Amit Kumar and Another v. State of U.P and 2 Others

Case brief

What is this about?

What did the court decide?

Amit Kumar and Another v. State of U.P and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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