Petitions seeking quashing of an FIR and injunction against arrest were dismissed as infructuous by the Court.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 35351 of 2019
Petitioner :- Chhathu @ Narendra Kumar And Anr. Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Ors. Counsel for Petitioner :- Ramakar Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
This writ petition has been filed by the petitioners with the following prayers :-
"(i.) to issue, a writ order or direction in the nature of Certiorari quashing the impugned FIR dated 07.11.2019 lodged by opposite party No.4 vide FIR No.514 of 2019, under Sections 376D, 323, 452, 504, 506, 34 of I.P.C. and Section 3(2) (V) of SC/St Act, Police Station Kotwali Dehat, District Sultanpur.
(ii) to issue, a writ, order or direction in the nature of Mandamus commanding the opposite party No.1 to 3 to not to arrest the petitioners in pursuance of impugned FIR dated 07.11.2019 lodged by opposite party No.4 vide FIR No.514 of 2019 lodged by opposite party No.4 vide FIR No.514 of 2019, under Sections 376D, 323, 452, 504, 506, 34 of I.P.C. and Section 3(2) (V) of SC/St Act, Police Station Kotwali Dehat, District Sultanpur".
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 FIR, the parties are at liberty to take recourse to law.
(Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.)
Order Date :- 10.3.2022 A.K. Singh
Digitally signed by ASHISH KUMAR SINGH Date: 2022.03.14 14:06:20 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Chhathu @ Narendra Kumar And Anr.
State Of U.P. Thru. Prin. Secy. Home Lko. And Ors.
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
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