Disposed

Neeraj Malik and 5 others v. State of U.P. and 2 others

Allahabad HC26 Aug 2021CRLP/4766/2021

Case brief

AI extract

What is this about?

High Court of Allahabad dismissed a writ petition for quashing an FIR and颁发了 relief not to arrest petitioners. As a charge sheet was filed against petitioners 1-3 while names of 4-6 were exonerated, the petition for 4-6 was dismissed as infructuous, and for 1-3 disposed off granting liberty to move an application.

What did the court decide?

Writ petition dismissed for petitioners 4-5-6 as infructuous; disposed off for petitioners 1-2-3 granting liberty to move an application.

Neeraj Malik and 5 others Vs State of U.P. and 2 others — Quashing and FIR | Allahabad HC (2021)

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Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 4766 of 2021 Petitioner :- Neeraj Malik And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Priyanka Sharma Counsel for Respondent :- G.A.,Avnish Kumar Srivastava

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

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Heard Sri Priyanka Sharma, learned counsel for the petitioners, Sri Avinash Kumar Srivastava, learned A.G.A. for the Staterespondents and Sri A.C. Srivastava, learned counsel for the State-informant-3.

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This writ petition has been filed praying for the following relief:-

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(i) Issue a writ order or direction in the nature of certiorari quashing the impugned FIR dated 16.06.2018 in Case Crime No. 526 of 2018, under Sections 498A, 354, 323, 307, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Nauchandi, District Meerut.

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(ii) Issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in pursuance of the impugned FIR dated 16.06.2018 in Case Crime No. 526 of 2018, under Sections 498A, 354, 323, 307, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Nauchandi, District Meerut".

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Learned counsel for the petitioners states that petitioners have entered into compromise with the informant-respondent no.3.

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Learned A.G.A. states on instructions that charge sheet has been filed in the matter pursuant to the impugned FIR under Sections 498A, 323, 504 and 506 I.P.C against the petitioner nos. 1, 2, and 3 and so far as petitioner nos. 4,5, and 6 are concerned, their names have been exonerated from the charge sheet, therefore, no cause action survives so far as petitioner nos. 4, 5 and 6 are concerned.

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In view of the aforesaid, writ petition is dismissed in respect of petitioner nos. 4,5, and 6, as having become infructuous.

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So far as petitioner nos. 1,2, and 3 are concerned, the writ petition is disposed off , granting liberty to them to move an appropriate application before the court concerned, if the circumstances so exist, which may be considered by the court concerned in accordance with law.

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Order Date :- 26.8.2021

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T.S.

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Digitally signed by Justice Surya Digitally signed by PIYUSH Prakash Kesarwani AGRAWAL Date: 2021.08.27 16:32:30 IST Date: 2021.08.27 16:40:07 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad

Neeraj Malik and 5 others v. State of U.P. and 2 others

Case brief

What is this about?

What did the court decide?

Neeraj Malik and 5 others v. State of U.P. and 2 others

Case brief

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What did the court decide?

What the court decided

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