The High Court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR and protection from arrest. The court held the petition was infructuous due to the efflux of time.
Writ petition dismissed as infructuous; interim order, if any, stands vacated.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 17189 of 2018
Petitioner :- Shailendra Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home. And Others
Counsel for Petitioner :- Rakesh Dwivedi,Avinash Sharma Counsel for Respondent :- Govt. Advocate
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
This writ petition has been filed by the petitioner to issue a writ in the nature of mandamus directing the opposite party not to arrest and harass the petitioners and with further prayer for quashing the impugned FIR dated 27.11.2013 registered as FIR no.104 of 2013, under Sections 363, 366a, 376, 368 IPC and Section 3/4 POCSO Act, P.S. Hanswar, District Ambedkar Nagar.
It appears that by efflux of time, the instant writ petition has become infructuous.
Accordingly, the present writ petition is dismissed as infructuous .
Interim order, if any, stands vacated.
However, it is open for the petitioner 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.
(Saroj Yadav, J.) (Ramesh Sinha, J.)
Order Date :- 3.3.2022 Arnima
Digitally signed by ARNIMA SINGH Date: 2022.03.05 14:18:27 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Shailendra Kumar
State of U.P. Thru. Prin. Secy. Home.
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
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