Dismissed

Ganga Devi v. State of U.P. and 3 Others

Allahabad HC26 Jul 2021CRLP/671/2021

Case brief

AI extract

What is this about?

In a writ petition seeking quashing of an F.I.R. and restraint from arrest, this court observed that the petitioner was excluded from the criminal case based on the victim's statement. The court held the petition became infructuous and dismissed it.

What did the court decide?

The writ petition was dismissed as it became infructuous given the petitioner's exclusion from the criminal case.

Ganga Devi Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2021)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 671 of 2021

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Petitioner :- Ganga Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Narain Srivastva 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 learned counsel for the petitioner and learned AGA.

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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 thereby quashing the impugned first information report dated 19.12.2021 being Crime No. 545 of 2020, under Section 363, 366 IPC, Police Station Cholapur, District Varanasi, (Annexure no.1 to this writ petition) lodged by the respondent no. 4 against the petitioner.

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ii. Issue a writ order or direction in the nature of mandamus thereby restraining the respondents not to arrest / harass the petitioner in first information report dated 19.12.2021 being Case Crime No. 545 of 2020, under Section 363, 366 IPC, Police Station Cholapur, District Varanasi during pendency of present writ petition before this Hon'ble Court.

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The petitioner is the mother of one Sri Vikas Mishra, who allegedly took away the victim Khusi Mishra.

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Learned AGA has stated before us that the statement of the victim Khushi Mishra was recorded by the concerned Chief Judicial Magistrate under Section 164 Cr P C, who has stated that the petitioner Ganga Devi has no role in the incident.

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Learned counsel for the petitioner states that on the basis of statement of the victim recorded under Section 164 Cr P C, name of the petitioner has been excluded and therefore charge sheet has not been submitted against the petitioner.

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In view of the aforesaid, since as per the statement of learned counsel for the petitioner, which is not disputed by learned AGA; that the name of the petitioner has been excluded from aforenoted criminal case, the writ petition has become infructuous and is dismissed accordingly.

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Order Date :- 26.7.2021 Rahul Dwivedi/-

Ganga Devi v. State of U.P. and 3 Others

Case brief

What is this about?

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Ganga Devi v. State of U.P. and 3 Others

Case brief

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