The High Court dismissed the criminal miscellaneous writ petition filed by the petitioner seeking to quash an FIR under Sections 376/506 IPC, POCSO, and SC/ST Act, holding that the petition had become infructuous due to the efflux of time.
The writ petition was dismissed as infructuous. Interim order, if any, stands vacated.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 28711 of 2018
Petitioner :- Ankur Singh Respondent :- State Of U.P. Thru.Prin. Secy. Home And Ors. Counsel for Petitioner :- Praveen Tripathi Counsel for Respondent :- Govt. Advocate
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
This writ petition has been filed by the petitioner - Ankur Singh with the following prayers :-
"(i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned FIR, registered against the petitioner by opposite party no.4 as Case Crime No.246 of 2018, under Section 376, 506 I.P.C., Section 3/4 of POCSO Act and Section 3(2)(V) of SC/ST Act on 08.09.2018 at Police Station Jagatpur, District Raebareli, contained in Annexure No.1 to the writ petition."
(ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to not proceed, prosecutre or arrest the petitioner on the basis of the impugned FIR registered against the petitioner by opposite party no.4 as Case Crime No.246 of 2018, under Section 376/506 I.P.C., 3/4 of POCSO Act and Section 3(2)(V) of SC/ST Act on 08.09.2018 at Police Station Jagatpur, District Raebareli."
It appears that by efflux of time, the instant writ petition has become infructuous.
Accordingly, the instant 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.
(Saroj Yadav, J.) (Ramesh Sinha, J.)
Order Date :- 4.3.2022 Anand Sri./-
Digitally signed by ANAND KUMAR SRIVASTAVA Date: 2022.03.05 18:23:32 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the instant writ petition for quashing of FIR is maintainable.
Whether the writ petition should be quashed or dismissed as the matter has become infructuous.
4 provisions across 3 enactments
Ankur Singh
State Of U.P.
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
