A writ petition for quashing an FIR under multiple IPC sections was dismissed as infructuous because the state had already submitted the charge-sheet, thus eliminating the cause for filing the petition.
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Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 4039 of 2023
Petitioner :- Afsar Khan Alias Zeeshan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raj Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Surendra Singh-I,J .
Heard Sri Raj Kumar Tripathi, learned counsel for the petitioner, Sri Ratan Singh, learned AGA for the State respondents and perused the records.
This writ petition has been filed for quashing the impugned First Information Report dated 15.12.2021, registered as Case Crime No. 483 of 2022, under Sections 147, 148, 392, 452, 352, 323, 504, 506 IPC and 7 of Criminal Law Amendment Act, Police Station Jhunsi, District Prayagraj.
Learned A.G.A. for the State-respondents submitted that the charge-sheet No. 146 of 2022 has already been submitted on 16.06.2022 in the present case and as such, the cause for filing present writ petition no more survives.
In view of above, the writ petition is dismissed as having become infructuous.
O rder Date :- 27.3.2023 Vibha
Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ petition for quashing the FIR survives after the submission of the charge-sheet.
Afsar Khan Alias Zeeshan
State Of U.P.
Vivek Kumar Birla
Surendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
