Petitioner challenged the investigation of a caste-related offence. The court held that since the charge-sheet was already forwarded to the competent court, the writ petition was infructuous and dismissed it.
No relief granted; petition dismissed as infructuous.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7844 of 2021
Petitioner :- Shankar Lal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anand Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and Shri G.P. Singh, learned A.G.A. for the State respondents.
In pith and substance, the petitioner is seeking direction to the respondent authorities to ensure fair, impartial and proper investigation of the Case Crime no.75 of 2008 under Section 323, 325, 504 IPC and Section 3(1)(X) SC/ST Act, P.S. Shamshabad, District Agra.
Learned A.G.A. submits that chargesheet against accused Lakhan Singh has already been forwarded to the competent court on 09.10.2021 and as such the writ petition has rendered itself as infructuous and the same is liable to be dismissed.
In the facts and circumstances of the case, no further direction is required to be passed in the matter.
Consequently, the writ petition is dismissed as infructuous . Needless to say that in case the petitioner is still aggrieved, he can invoke the remedy as available in law.
Order Date :- 17.12.2021 A. Pandey
1 issue framed by the court
Whether directions under the SC/ST (Prevention of Atrocities) Act are required when the charge-sheet has been forwarded to the court.
4 provisions across 2 enactments
Shankar Lal
State Of U.P.
Mahesh Chandra Tripathi
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
