A criminal miscellaneous writ petition seeking quashing of an FIR and direction not to arrest was dismissed as infructuous because the chargesheet was filed and cognizance taken by the competent court prior to the hearing.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 4212 of 2022
Petitioner :- Abhishek Sharma And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mahendra Tripathi,Pradeep Chauhan Counsel for Respondent :- G.A.,Abhishek Tripathi
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Narendra Kumar Johari,J.
A short counter affidavit filed today is taken on record.
Heard learned counsel for the petitioners, learned counsel for the informant and Shri G.P. Singh, learned A.G.A. for the State respondents.
The present writ petition has been filed with the prayer to quash the First Information Report dated 4.01.2022 registered as Case Crime No.0003 of 2022 under Sections 498A, 354B, 354C IPC, Police Station Kidwainagar, District Kanpur Nagar. Further prayer has been made not to arrest the petitioners in the aforesaid case.
Learned counsel for the informant has apprised the Court that chargesheet has already been forwarded to the competent court even the cognizance has also been taken in the matter. As such, the cause of filing the writ petition no more survives and the writ petition is liable to be dismissed as infructuous.
In view of the above, the writ petition is dismissed as infructuous.
Order Date :- 20.9.2022 AKK
Digitally signed by AMIT KUMAR Date: 2022.09.21 18:10:26 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to quash the First Information Report and direct non-arrest of petitioners in a case involvingSections 498A, 354B, 354C IPC.
Abhishek Sharma And 4 Others
State Of U.P. And 4 Others
Mahesh Chandra Tripathi
Narendra Kumar Johari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
