The court dismissed the criminal miscellaneous writ petition as infructuous due to efflux of time, vacating any interim order and directing petitioners to move appropriate application within two months for survivorship of the matter.
Writ petition dismissed as infructuous; interim order (if any) vacated.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 27637 of 2019
Petitioner :- Kamini Devi And Anr. Respondent :- State Of U.P.Thru.Prin.Secy.Home And Ors. Counsel for Petitioner :- Shobh Nath Pandey,Dinesh Kumar,Mukesh Sharma,Shivam Sharma Counsel for Respondent :- G.A.,Vikas Pandey
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 certiorari to quash the impugned FIR dated 21.09.2019 registered as Case Crime no.640 of 2019, under Sections 409, 420 IPC, Act, P.S. Vibhuti Khand, District Lucknow with a further prayer of staying the arrest of the petitioner.
It appears that by efflux 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 petitioners 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.
(Saroj Yadav, J.) (Ramesh Sinha, J.)
Order Date :- 16.3.2022 Arnima
Digitally signed by ARNIMA SINGH Date: 2022.03.16 17:34:50 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the writ petition filed for quashing of FIR should be entertained given the efflux of time.
Kamini Devi And Anr.
State Of U.P.Thru.Prin.Secy.Home And Ors.
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
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