The court dismissed the criminal miscellaneous writ petition as it had become infructuous due to the efflux of time. The petitioner was directed to move an appropriate application if the matter survived.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 30408 of 2017
Petitioner :- Jalaluddin
Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :- Neeraj Kumar Saxena,Arvind Kumar Shukla,Gaurav Saxena,Lalla Chauhan,Rishi Saxena 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 with the following prayers :-
"(i.) A writ, order or direction in the nature of Certiorari be issued quashing the impugned F.I.R. as Case Crime No. 0661 of 2017, under Sections 323, 406, 420, 467, 468, 471 and 504 IPC, Police Station Ghazipur, District Lucknow.
(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."
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 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.
(Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.)
Order Date :- 21.3.2022 Arun
Digitally signed by ARUN KUMAR Date: 2022.03.28 16:40:24 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Jalaluddin
State Of U.P. Thru. Prin. Secy. Home
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
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