The High Court dismissed a writ petition filed to quash an FIR and seek protection from arrest, holding the matter infructuous as the petitioner was already arrested. The court left open the petitioner's right to apply for bail.
The writ petition was dismissed as infructuous; relief to quash FIR or non-arrest was denied.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 11959 of 2022
Petitioner :- Mohammad Suhel (Minor) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Prakash Yadav,Krishna Nand Yadav
Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The present writ petition has been filed with the prayer to quash the First Information Report dated 08.08.2022 registered as Case Crime no.160/2022 under Section 354, 452 IPC, P.S. Paniyara, District Maharajganj. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Learned counsel for the petitioner submits that the petitioner has already been arrested and as such the writ petition has rendered itself as infructuous.
The writ petition is accordingly dismissed as having become infructuous leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
Order Date :- 10.11.2022 A. Pandey
Digitally signed by ANAND PANDEY Date: 2022.11.11 16:05:57 IST Reason: Location: High Court of Judicature at Allahabad
Mohammad Suhel (Minor)
State Of U.P.
3 Others
Mahesh Chandra Tripathi
Narendra Kumar Johari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
