The High Court dismissed a criminal miscellaneous writ petition challenging the legality of an FIR under various IPC provisions and the SC/ST Act, holding it infructuous after the police submitted a final report under Section 173 Cr.P.C.
Writ petition dismissed as infructuous due to submission of final police report.
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Neutral Citation No. - 2023:AHC:147210-DB
Court No. - 67
Case :- CRIMINAL MISC. WRIT PETITION No. - 11001 of 2023
Petitioner :- Sartaj Khan Alias Kallu And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Shekhar Sharma Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the petitioners and learned AGA for the State.
By means of the present writ petition, the petitioners are assailing the legality and validity of the FIR dated 29.12.2022 registered as case crime no. 538 of 2022 under Sections 323, 504, 506, 452, 354 IPC and Section 3(2)(V) SC/ST Act, P.S. Bhognipur, District Kanpur Dehat.
At the outset, learned AGA submits that after investigation, the police has submitted report under Section 173(2) Cr.P.C. against all the petitioners.
Thus under these circumstances, the writ petition are rendered infructuous and accordingly, the present writ petition dismissed as infructuous.
Order Date :- 24.7.2023 Abhishek Sri.
Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the criminal miscellaneous writ petition is maintainable after the filing of the final report under Section 173 Cr.P.C.
Whether the writ petition is rendered infructuous upon submission of police report under Section 173(2) Cr.P.C.
6 provisions across 2 enactments
Sartaj Khan Alias Kallu And 3 Others
State Of U.P. And 3 Others
Rahul Chaturvedi
Mohd. Azhar Husain Idrisi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
