This brief order dismissed a criminal miscellaneous writ petition filed for quashing an FIR and for rest arrest as infructuous due to the elapse of time. It reserved liberty to the petitioner to approach the court within two months if the matter survives.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23218 of 2021
Petitioner :- Mohd.Shariq Thru.Father Mohd.Saban Khan Respondent :- State Of U.P.Thru.Police Commissioner Lucknow And Ors.
Counsel for Petitioner :- Manoj Kumar Misra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
This writ petition has been filed by the petitioner for issuance of a writ in the nature of certiorari for quashing F.I.R. registered as Case Crime No.307 of 2021, under Sections 354, 354-D, 50-4, 506 I.P.C. and Section 7/8 of POCSO Act and Section 67 of the I.T.Act, Police Station Madiyaon, District Lucknow with further prayer not to arrest the petitioner pursuant to the impugned F.I.R.
It appears that by efÒux 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 FIR, the parties are at liberty to take recourse to law.
(Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.)
Order Date :- 15.12.2022
Shukla
Digitally signed by ASHUTOSH KUMAR SHUKLA Date: 2022.12.15 16:20:52 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Mohd.Shariq
State Of U.P.
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
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