Petitioner sought quashing of an FIR under Sections 498A and Dowry Prohibition Act. Counsel informed the Court that the charge-sheet was already submitted. The High Court dismissed the writ petition as infructuous without expressing any opinion on merits.
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. - 8122 of 2021
Petitioner :- Saleem Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mukesh Kumar Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioner 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 4.6.2021 in Case Crime no. 30 of 2021, under Sections 498A, 323 read with Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Auraiya."
At the very outset, learned counsel for the petitioner 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 dismissed as infructuous.
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 :- 5.10.2021 Dhirendra/
1 issue framed by the court
Whether the writ petition seeking quashing of FIR is maintainable after the charge-sheet has already been submitted.
Saleem Khan
State Of U.P.
2 Others
Mahesh Chandra Tripathi
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
