Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 8919 of 2019 Petitioner :- Ashish Saroj And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devi Prasad Singh Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Syed Aftab Husain Rizvi,J.
In view of Office report dated 27.05.2019/ 11.12.2020, service of notice upon the respondent no.4 is deemed sufficient.
By order dated 09.04.2019, this Court issued notice to the respondent no.4 and granted four weeks time to all the respondent to file counter affidavit.
A short counter affidavit on behalf of the State-respondent has been filed in paragraph nos.3, 4 and 5 of the short counter affidavit the State respondents have stated as under:
"3. That after registration of the first information report, the investigation of the case proceeded and during investigation no evidence could be collected and accordingly final report vide Final Report No.22 of 2019 dated 17.10.2019. A photostat copy of the aforesaid final report is annexed herewith as Annexure CA-1 to this affidavit.
4. That the aforesaid final report was submitted in the Court concerned.
5. That in view of the facts and curcumstances of the case, the instant writ petition for quashing of the first information report is not maintainable and accordingly the same is liable to be dismissed as having become infructuous."
The respondent no.4 has not filed counter affidavit although about two years have passed.
Briefly stated facts of the present case are that against the petitioner no.1 a first information report no.0137 of 2018 dated 26.12.2018 under Section 363, 366 IPC and Section 17 and 18 of POCSO Act, P.S. Panwara District Jaunpur was lodged by the informant respondent no.4 alleging that the petitioner no.1 has abducted the aforesaid Renu Saroj who is about 14 years old. However, as per medical certificate, the aforesaid victim girl Renu Saroj is aged about 17 years old. A joint affidavit dated 09.04.2018 of the petitioner no.1 and the victim Renu Saroj has been filed in which it has been stated by the aforesaid victim girl that she is about 19 years old. She also appeared before the court on 09.04.2019 and stated her age to be about 19 years.
Briefly on these facts, this Court passed the interim order dated 09.04.2019 directing that till further orders no coercive action shall be taken against the petitioners, in pursuance of the aforesaid first information report.
Perusal of the paragraph nos. 3, 4 and 5 of the aforesaid counter affidavit shows that the police has submitted a final report no.22 of 2019 dated 17.10.2019. Under the circumstances we find that this writ petition has become infructuous since final report has been submitted by the police as has been stated in the aforequoted paragraph no. 3, 4 and 5 of the counter affidavit.
For the reasons aforestated, the writ petition is dismissed as infructuous.
Order Date :- 13.4.2021 C. MANI