In this criminal miscellaneous writ petition for quashing an FIR, the court disposed of the matter as the charge-sheet had already been filed, without expressing an opinion on the merits of the case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 4787 of 2021 Petitioner :- Suresh Chandra Tiwari And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Gupta Counsel for Respondent :- G.A.,A.K. Mishra
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Counter affidavit may be filed by learned AGA through online.
Heard learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 1.6.2021 in Case Crime no. 363 of 2021, under Sections 147, 419, 420, 467, 468, 471, 352, 504 IPC, Police Station Kotwali, District Kannauj as well as direction to respondents not to arrest the petitioners in pursuance of impugned F.I.R.."
At the very outset, learned A.G.A. on the basis of counter affidavit apprised to the Court that the charge-sheet has already been submitted qua to the petitioners, as such, no interference is required.
The writ petition is accordingly disposed off in terms of the aforesaid instruction.
It is made clear that we have not expressed any opinion on merits of the case of the petitioners.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.9.2021 Dhirendra/
Digitally signed by JUSTICE Digitally signed by RAM KRISHNA MAHESH CHANDRA TRIPATHI GAUTAM Date: 2021.09.24 15:37:10 IST Date: 2021.09.24 15:37:43 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
Suresh Chandra Tiwari And 5 Others
State Of U.P. And 3 Others
Mahesh Chandra Tripathi
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
