The writ petition challenging the FIR was dismissed as infructuous because a charge sheet had been submitted by the prosecution date, rendering the challenge academical.
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Neutral Citation No. - 2023:AHC:155001-DB
Court No. - 67
Case :- CRIMINAL MISC. WRIT PETITION No. - 12025 of 2023
Petitioner :- Saurabh Gupta @ Tuntun And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard Sri Brijesh Kumar Mishra, learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record.
By means of the present petition, the petitioners are assailing the legality and validity of the FIR dated 23.06.2023 registered as case crime no.0151 of 2023, under Sections 354, 380, 452, 504, 506 IPC, Police Station-Surauli, DistrictDeoria.
There are two petitioners namely, Saurabh Gupta @ Tuntun and Pradumn Gupta.
Learned A.G.A. submits that petitioner no. 2 Pradumn Gupta is minor one. So far as petitioner no. 1 Saurabh Gupta @ Tuntun is concerned, charge sheet has been submitted on 11.07.2023, therefore, this writ petition has been rendered infructuous and it may be dismissed as infructuous.
In view of the above statement, the writ petition is dismissed as infructuous.
Order Date :- 2.8.2023
Rmk.
Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad
Saurabh Gupta @ Tuntun
Pradumn Gupta
State Of U.P.
Rahul Chaturvedi
Mohd. Azhar Husain Idrisi
As recorded by the court registry
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