Writ petition for quashing an FIR and stopping arrest was dismissed as infructuous due to efflux of time. The court allowed the petitioner to move a fresh application if the matter survives.
Writ petition dismissed as infructuous; interim order vacated; liberty to file fresh application in two months.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16789 of 2021 Petitioner :- Kranti Devi And Anr. Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Ors. Counsel for Petitioner :- Amjad Siddiqui Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
The instant writ petition has been filed by the petitionersKranti Devi, Manoj Kumar @ Karwari with a prayer to issue a writ, order or direction in the nature of certiorari to quash the impugned F.I.R. dated 19.04.2021 lodged by complainant/respondent no.4 registered as F.I.R. No.0174 of 2021, under Sections 363, 366, 352, 504 I.P.C. added Section 368, 376 I.P.C. and Section 3/4 of Protection of Children From Sexual Offences Act, 2012, Police Station Khairabad, District Sitapur with a further prayer to issue a writ, order or direction in the nature of mandamus commanding the respondents, not to arrest the petitioners in pursuance of the impugned F.I.R.
It appears that by efflux of time, the instant writ petition has become infructuous.
Accordingly, the writ petition is dismissed as infructuous . Interim order, if any, stands vacated.
However, it is open for the petitioner(s) to move an appropriate application within two months from today, if the matter survives.
It is made clear that if any consequential proceedings are initiated in pursuance of the impugned F.I.R., the parties are at liberty to take recourse to law.
[Mrs. Saroj Yadav, J.] [Ramesh Sinha, J.]
Order Date :- 1.11.2022 lakshman
Digitally signed by LAKSHMANA KUMAR TAMMANA Date: 2022.11.02 18:04:22 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Kranti Devi
Manoj Kumar
State Of U.P.
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
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