The writ petition seeking quashing of an FIR under the U.P. Gangster Act was dismissed as infructuous since the petitioner had already been arrested. Liberty was given to apply for bail.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 17076 of 2022
Petitioner :- Ismail Khan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brij Raj Verma Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Narendra Kumar Johari,J.
Heard Brij Raj Verma, learned counsel for the petitioners and Shri A.N. Mulla assisted by Shri Manish Kumar Yadav, learned A.G.A. for the State/respondents.
The present writ petition has been filed with the prayer to quash the First Information Report dated 17.09.2022, registered as Case Crime/FIR No.510 of 2022, under Sections 2/3 of the U.P. Gangster and Anti Social Activities (Prevention ) Act, 1986, Police Station Khutar, District Shahjahanpur.
Learned counsel for the petitioner, on the basis of instruction, states that petitioner has already been arrested and, 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 with liberty to the petitioner to apply for bail as permissible under law and in accordance with law.
Order Date :- 9.12.2022 ML
Digitally signed by MUNNA LAL Date: 2022.12.09 14:28:13 IST Reason: Location: High Court of Judicature at Allahabad
Ismail Khan
State Of U.P.
Mahesh Chandra Tripathi
Narendra Kumar Johari
As recorded by the court registry
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