Santosh Singh vs State Of ...
2022 Latest Caselaw 6567 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12683 of 2020
 
Petitioner :- Santosh Singh
 
Respondent :- State Of U.P.Thru.Prin.Secy.Home And Ors.
 
Counsel for Petitioner :- Amol Kumar,Praveen Kumar Srivastava,Shivanshu Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Saroj Yadav,J.

Heard Shri Aditya Kumar, Advocate holding brief of Shri Amol Kumar, learned counsel for the petitioner and Shri Dhananjay Kumar Singh, learned A.G.A. for the State-respondents.

The instant writ petition has been filed by the petitioner- Santosh Singh for the following reliefs:-

"I. Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned First Information Report dated 17.06.2020 having F.I.R. No.187/2020, U/s 147, 504, 506, 406, 420, 457, 380 I.P.C. at Police Station- Aliganj, District- Lucknow, annexed as Annexure No.2 to the writ petition.

II. Issue a writ, order or direction in the nature of prohibition restraining the opposite parties from arresting the petitioner in pursuance of the impugned First Information Report dated 17.06.2020 having F.I.R. No.187/2020, U/s 147, 504, 506, 406, 420, 457, 380 I.P.C. at Police Station- Aliganj, District- Lucknow, annexed as Annexure No.2 to the writ petition.

III. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to comply with the provisions of Section 41A of Code of Criminal Proceure, 1973, and not to arrest the petitioner in the casual and mechanical manner, in pursuant to the impugned First Information Report dated 17.06.2020 having F.I.R. No.187/2020, U/s 147, 504, 506, 406, 420, 457, 380 I.P.C. at Police Station- Aliganj, District- Lucknow, annexed as Annexure No.2 to the writ petition, as well as, specifically adhered to the judgment of the Hon'ble Apex Court in the case of Arnesh Kumar and Anr. v. State of Bihar, (2014) 8 SCC 469."

Learned A.G.A., on the instructions received by him, states that the investigation of the present case has been concluded and charge sheet has been sent to the competent Court, hence, the present petition has become infructuous.

Accordingly, the present petition is dismissed as infructuous.

Interim order, if any, stands vacated.

[Mrs. Saroj Yadav, J.] [Ramesh Sinha, J.]

Order Date :- 12.7.2022

Shubhankar