Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10792 of 2018 Petitioner :- Shiv Kumar Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Maurya,Sanjay Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri V.K.Maurya, learned counsel for the petitioner, Sri Sanjay Tripathi, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
Learned counsel for the petitioner submits that the victim, namely, Vaishali Jaiswal is living with her parents, but it appears from the array of parties mentioned in the stay application that Sri Om Prakash Jaiswal who is father of the victim, who has lodged the impugned FIR has been made respondent no.4, but in the array of writ petition he has not been made as a party/respondent no.4 and victim, namely, Vaishali Jaiswal has been made a party/respondent no.4, hence, the petition is defective one and he prays that the present writ petition be dismissed as not pressed with liberty to file a fresh.
Accordingly, the present writ petition is dismissed as not pressed with liberty to file fresh.
Office is directed to return the certified copy of the impugned FIR to the learned counsel for the petitioners after retaining a photocopy of the same on record.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018 NS