Criminal Misc. Writ Petition seeking quashing of an FIR was disposed of as infructuous because a charge sheet had already been filed. Petitioners were informed they could avail appropriate remedy.
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Chief Justice's Court Serial No. 306
**HIGH COURT OF JUDICATURE AT ALLAHABAD *****
CRIMINAL MISC. WRIT PETITION No. - 709 of 2021
Kunvar Bahadur Singh
.....Petitioner
v/s
State of U.P. and others
.....Respondent
Through :- Mr. Syed Ali Murtaza, Additional Government Advocate and Mr. Ramesh Kumar Tiwari, Advocate for respondent No.4
CORAM : HON'BLE RAJESH BINDAL, CHIEF JUSTICE HON'BLE PRAKASH PADIA, JUDGE
ORDER
Heard learned counsel for the State.
The primary prayer made in the writ petition, reads thus :-
"i) To issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 29.12.2020, registered as Case Crime No. 0411 of 2020, Under Section 406, 506 I.P.C., Police Station- Holagarh, DistrictPrayagraj."
Mr. Syed Ali Murtaza, learned Additional Government Advocate, on instructions, submits that charge sheet bearing no.41 of 2021 dated February 12, 2021 has already been filed, and in view thereof, the prayer made in this petition has been rendered infructuous.
The petition is, accordingly, disposed of as infructuous. It shall, however, be open to the petitioners to avail of appropriate remedy, if they so desire, in view of developments which have taken place during the pendency of
2 CRLP No. 709 of 2021
the present writ petition.
However, in case, any relief still survives in the present petition, the petitioners shall be at liberty to file application for revival of the present writ petition.
(Prakash Padia, J.) (Rajesh Bindal, C.J.)
Allahabad 18.02.2022 Swati/Shiraz
Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No
Digitally signed by SWATI PATHAK Date: 2022.03.03 10:23:52 IST Reason: Location: High Court of Judicature at Allahabad
Kunvar Bahadur Singh
State of U.P.
Rajesh Bindal
Prakash Padia
As recorded by the court registry
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