This criminal miscellaneous writ petition seeking quashing of an FIR and bail refused due to attachment of similar proceedings. The court dismissed the petition as infructuous due to the submission of the chargesheet, granting liberty to apply for bail.
Petition dismissed; liberty to apply for bail granted.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 11979 of 2019
Petitioner :- Mohammad Azam Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Imran Ullah,Gopal S. Chaturvedi (Sr.Adv.),Qamrul Hasan Siddiqui Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Narendra Kumar Johari,J.
The present writ petition has been filed with the prayer to quash the First Information Report dated 26.04.2019 registered as Case Crime no.232/2019 under Section 295-A, 188, 171-G, 341, 505(2) IPC and Section 125 Representative of People Act 1950, 1951 and 1989, P.S. Shahbad, District Rampur. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Shri Shobhit Singh, Advocate appearing as assisting counsel for Shri G.S. Chaturvedi, learned Senior Advocate submits that chargesheet has already been submitted in the matter and as such the writ petition has rendered itself as infructuous, however, leave may be accorded to apply for bail.
The writ petition is accordingly dismissed as having become infructuous with the liberty to apply for bail as permissible under law and in accordance with law.
This order has been passed with due assistance of Shri G.P. Singh, learned A.G.A.
Order Date :- 10.10.2022 A. Pandey
Digitally signed by ANAND PANDEY Date: 2022.10.13 15:46:57 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ petition becomes infructuous after submission of chargesheet.
Mohammad Azam Khan
State Of U.P.
Mahesh Chandra Tripathi
Narendra Kumar Johari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
