A criminal miscellaneous writ petition filed to quash an FIR and prevent arrest was dismissed as infructuous due to the efflux of time. The court left open the option for the petitioner to move a survivable application.
The writ petition is dismissed as infructuous; interim order, if any, is vacated.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23233 of 2021
Petitioner :- Harikesh Singh And Anr. Respondent :- State Of U.P.Thru.Addl.Chief Secy.Home Lucknow And Ors. Counsel for Petitioner :- Amar Nath Dubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the opposite party not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 23.08.2021 registered as FIR no.0343 of 2021 under Sections 323, 504, 506, 354 of I.P.C. and Sections 3(1)(da), 3(1)(dha), 3(1)(va), of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, police station Antu, District Pratapgarh. 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 :- 12.9.2022 lakshman
Digitally signed by LAKSHMANA KUMAR TAMMANA Date: 2022.09.14 11:48:53 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the writ petition requires reconsideration after becoming infructuous by efflux of time.
5 provisions across 2 enactments
Harikesh Singh
State Of U.P.
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
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