In a criminal miscellaneous writ petition seeking to quash an FIR, the Allahabad High Court held that no interference is called for as the charge sheet had been forwarded. The petition was consigned to the record with liberty to seek appropriate relief on the charge sheet.
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. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 3832 of 2022
Petitioner :- Om Prakash Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Babul Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
Prayer is to quash the FIR in Case Crime No. 200 of 2021, under Section 406 I.P.C., Police Station - Muskara, District - Hamirpur.
At the time when the matter is taken up learned A.G.A. states that the charge sheet has been forwarded after conclusion of the investigation on 1.1.2022. In such circumstances, no interference in the writ petition is called for.
Leaving it open to the petitioner to seek appropriate relief in respect of charge sheet, this petition is consigned to record.
Order Date :- 12.4.2022 Md Faisal
Digitally signed by MOHD FAISAL Date: 2022.04.12 15:56:01 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court can quash the FIR in view of the fact that the charge sheet has been forwarded.
Om Prakash
State Of U.P.
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
