A criminal writ petition seeking quashing of an FIR and prohibition of arrest was dismissed by the Allahabad High Court as the investigation was concluded, rendering the petition infructuous, with the petitioner offered to challenge the charge sheet instead.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 27295 of 2021
Petitioner :- Abhishek Shukla Respondent :- State Of U.P.Thru.Prin.Secy.Home Lucknow And Ors.
Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- G.A.,Dinesh Kumar Ojha
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
This writ petition has been filed by the petitioner with the following prayers :-
"(i) A writ, order or direction in the nature of Certiorari be issued quashing the impugned F.I.R. dated 08.10.2021 registered at Case Crime No. 209 of 2021, under Section 409 IPC, Police Station Udaipur, District Pratapgarh.
(ii) writ, order or direction in the nature of Mandamus be issued commanding the opp. parties not to arrest the petitioner in pursuance of the impugned FIR."
Heard Shri Rajesh Kumar Singh, learned counsel for the petitioner and Shri Azhar Ikram, learned Additional Government Advocate for the State respondent.
Learned A.G.A. for the State respondent states that in the present case investigation has been concluded and charge sheet has been submitted in the Court on 03.12.2022, hence, the present petition has become infructuous.
Accordingly, the present petition is dismissed as infructuous.
Interim order, if any, stands vacated.
However, it is open for the petitioner to take recourse to the other remedy available to him under law, if aggrieved with the charge sheet.
(Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.)
Order Date :- 13.12.2022 Arun
Digitally signed by ARUN KUMAR Date: 2022.12.13 17:43:59 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Abhishek Shukla
State Of U.P.
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
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