Writ petition challenging an FIR cut short as infructuous due to the efflux of time. The petition was dismissed without substantive adjudication, leaving parties free to take legal recourse if consequential proceedings initiate.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23026 of 2021
Petitioner :- Moh.Iliyas And Ors. Respondent :- State Of U.P.Thru.Prin.Secy.Home Lucknow And Ors.
Counsel for Petitioner :- Amit Kumar Awasthi,Ashish Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
The present writ petition has been filed by the petitioners with prayer to issue a writ in the nature of certiorari to quash the impugned FIR No.0294 of 2021, under Sections 498-A, 323, 506 I.P.C. & Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Neemgaon, District Kheri with a further prayer to not arrest the petitioners in pursuance of the impugned FIR.
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 :- 4.11.2022 lakshman
Digitally signed by LAKSHMANA KUMAR TAMMANA Date: 2022.11.04 15:10:27 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Moh. Iliyas
State of U.P.
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
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