The High Court disposed of a writ petition seeking to quash an FIR registered under sections pertaining to caste atrocities and IPC offences as infructuous because a charge sheet had already been filed.
The writ petition was disposed of as infructuous due to the filing of charge sheet No. 272 of 2021.
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.
Chief Justice's Court Serial No.330
**HIGH COURT OF JUDICATURE AT ALLAHABAD *****
CRIMINAL MISC. WRIT PETITION No. - 230 of 2020
Sarvesh Chaubey and others
.....Petitioners
v/s
State of U.P. and others .....Respondents Through :- Mr. Syed Ali Murtaza, Additional Government Advocate
CORAM : HON'BLE RAJESH BINDAL, CHIEF JUSTICE HON'BLE PRAKASH PADIA, JUDGE
ORDER
Heard learned counsel for the State.
The primary prayer made in the writ petition, reads thus :-
"(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned first information report dated 01.01.2020 registered as Case Crime No.07 of 2020, Under Section 147, 148, 323, 504, 506 I.P.C. and 3(1)(r)/3(1)(s) SC/ST (Prevention of Atrocities) Act, Police Station-Kishni, District-Mainpuri. (Annexure No.3 to this writ petition)"
Mr. Syed Ali Murtaza, learned Additional Government Advocate, on instructions, submits that charge sheet bearing No.272 of 2021 dated July 31, 2021 has already been filed, and in view thereof, the prayer made in this petition has been rendered infructuous.
The petition is, accordingly, disposed of as infructuous. It shall, however, be open to the petitioners to avail of appropriate remedy, if they so desire, in view of developments which have taken place during the pendency of the present writ petition.
2 CRLP No. 230 of 2020
However, in case, any relief still survives in the present petition, petitioners shall be at liberty to file application for revival of present writ petition.
(Prakash Padia, J.) (Rajesh Bindal, C.J.)
Allahabad 04.02.2022 Rakesh
Whether the order is speaking : Yes Whether the order is reportable : Yes/No
Sarvesh Chaubey and others
State of U.P. and others
Rajesh Bindal
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
