The Allahabad High Court dismissed a Criminal Miscellaneous Writ Petition filed to quash an FIR and seek non-arrest. The court held that since the final report was already submitted to the competent court, the petition had become infructuous.
None. The writ petition was dismissed as infructuous and no arrest restraint was granted.
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. - 16943 of 2022
Petitioner :- Nadeem Alias Nadeem Akhtar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amar Chandra,Sunil Kumar 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 02.09.2022 registered as Case Crime No.462 of 2022 under Sections 147, 148, 149, 302, 323, 504, 506 IPC AND SECTION 3 (2) (V) of SC/ ST Act, Police Station Kalan, District Shahjahanpur. Further prayer has been made not to arrest the petitioners in the aforesaid case.
Learned A.G.A. states that in the present matter, final report has already been forwarded to the competent court on 05.11.2022. As such, the cause of filing the writ petition no more survives and the writ petition is liable to be dismissed as infructuous.
In view of the above, the writ petition is dismissed as infructuous.
Order Date :- 23.11.2022
n.u.
Digitally signed by NASEEM UDDIN Date: 2022.11.23 17:10:15 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the writ petition for quashing of FIR survives given that the final report has been already forwarded to the competent court.
Whether there is any alternative ground to be considered given that the writ petition is dismissed as infructuous.
Whether the petitioners should be arrested in the aforesaid case.
2 provisions across 2 enactments
Nadeem Alias Nadeem Akhtar
State Of U.P.
2 Others
Mahesh Chandra Tripathi
Narendra Kumar Johari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
