Criminal Writ Petition filed to quash an FIR under the U.P. Gangsters Act. The Court dismissed the petition as infructuous since the investigation was concluded and a charge sheet had been submitted by the State.
Petition dismissed as infructuous; Interim order vacated.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 29164 of 2021
Petitioner :- Jamal @ Jamalu @ Jamaluddin Respondent :- State Of U.P.Thru.Secy.Home Lucknow And Ors.
Counsel for Petitioner :- Pankaj Kumar Tripathi,Mohd. Shahid Akhtar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
Shri Mohd. Shahid Akhtar, learned counsel for the petitioner has sent a mention slip for taking up the matter, as the matter still survives. When the same has been called up he is not present to press the same.
Shri Ganesh Gupta, learned Brief Holder for the State respondent is present.
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 29.11.2021 registered at Case Crime No. 419 of 2021, under Section 2(B)(i)/3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Ramkot, District Sitapur.
(ii) Issue a writ, order or direction in the nature of mandamus, commanding the opposite parties no. 4 and 5 not to proceed any further in pursuance of the impugned F.I.R. dated 29.11.2021 registered at Case Crime No. 419 of 2021, under Section 2(B) (i)/3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Ramkot, District Sitapur. "
Learned Brief Holder for the State, states that in the present case investigation has been concluded and charge sheet has been submitted in the Court on 15.10.2022, hence, the present petition has become infructuous.
Accordingly, the present petition is dismissed as having become infructuous. Interim order, if any, stands vacated.
(Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 21.10.2022 Arun
Digitally signed by ARUN KUMAR Date: 2022.10.21 17:42:56 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Jamal @ Jamalu @ Jamaluddin
State Of U.P.
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
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