In this criminal miscellaneous writ petition, the High Court held that the petition had become infructuous by efflux of time. The petition was dismissed as infructuous with liberty to move an application if the matter survives.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 32763 of 2019
Petitioner :- Vatan Tripathi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Ors. Counsel for Petitioner :- Bhoopal Singh Counsel for Respondent :- G.A.
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. registered as Case Crime No. 591 of 2019, under Sections 363/366 IPC, Police Station Mishrit, District Sitapur.
(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 :- 15.3.2022 Arun
Digitally signed by ARUN KUMAR Date: 2022.03.16 18:34:34 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Vatan Tripathi
State Of U.P. Thru. Prin. Secy. Home Lko. And Ors.
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
