Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 24494 of 2019 Petitioner :- Fajar Mohammad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pravin Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the material available on record.
This petition has been filed by the petitioner with a prayer that suitable direction may be issued to the authority concerned not to harass the petitioner unnecessarily in pursuance to warrants issued in Misc. Criminal Case No. 78 of 2018 (Suhana @ Soni Vs. Najar Mohammad), under Section 128 Cr.P.C.
The contention of learned counsel for the petitioner is that there is recovery proceeding issued against the son of petitioner, namely, Nazar Mohammad with regard to maintenance amount, who is not a party in the present writ petition and in fact he is living separately.
The present writ petition has been preferred by the father of co- accused Nazar Mohammad with contention that in pursuance of the recovery warrants. The petitioner is unnecessary being harassed.
In view of the facts and circumstances of the case, no useful purpose would be served in keeping the present petition pending before this Court.
Accordingly, the present writ petition is disposed of finally with a direction that as no recovery warrants have been issued against the present petitioner and the same has been issued against the son of petitioner Nazar Mohammad, hence, petitioner will not be detained and harassed.
However, liberty is being given to the authority concerned to take all necessary steps in accordance with law with regard to recovery warrants that has been issued against the son of petitioner Nazar Mohammad.
Order Date :- 28.11.2019 / Manoj