Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12444 of 2021 Petitioner :- Alok And 10 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Yadav,Mahendra Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
This writ petition has been filed for quashing the impugned First Information Report dated 3.8.2021in Case Crime No. 176 of 2021, under Sections 498-A, 494, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Talgram, District Kannauj.Further prayer is to direct the respondent nos. 1 and 2 not to harass and arrest the petitioners pursuant to the F.I.R. impugned.
From the perusal of the list of the fresh cases, we find that earlier also petitioners have approached this Court by filing Criminal Misc. Writ Petition No. 10192 of 2021 which was dismissed as infructuous on 27.11.2021. The order dated 27.11.2021 reads as under:-
"Heard learned counsel for the petitioners; Mohd. Shoeb Khan, learned A.G.A. for the State respondents and Shri Prateek Prajapati, learned counsel for the complainant.
The present writ petition has been filed with the prayer to quash the First Information Report dated 03.8.2021 registered as Case Crime No.0176 of 2021 under Sections 498A, 494, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Talgram, District Kannauj. Further prayer has been made not to arrest the petitioners in the aforesaid case.
Learned A.G.A. states that chargesheet has already been submitted before the competent court on 11.9.2021. 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 with liberty to apply for bail as permissible under law and in accordance with law."
Thus, obviously, this is the second writ petition stating therein that this is the first writ petition filed by the petitioners.
Learned A.G.A. for the State-respondents submitted that the charge-sheet no. 187 dated 11.9.2021 has already been filed 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 in view of the facts noted above.
Order Date :- 22.12.2021 Ram Murti