Pappu Kumar And Another vs State Of U.P. And 3 Others
2022 Latest Caselaw 2777 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5106 of 2022
 

 
Petitioner :- Pappu Kumar And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Firdos Ahmad
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Rajnish Kumar,J.

Learned counsel for the petitioners places reliance upon an order passed by this Court in Criminal Misc. Writ Petition No.1404 of 2022 dated 22.3.2022 in order to submit that no permission has been obtained by the investigating Officer to proceed with the investigation in NCR No. 35 of 2018 under Sections 323 and 504 I.P.C. Police Station-Ahraula, District Azamgarh and since the period for taking cognizance having expired, the proceedings cannot be kept pending any further.

Learned A.G.A. has obtained instructions in the matter and it is admitted that no permission has been obtained from the competent court in terms of Section 155 (2) Cr.P.C. to proceed with the investigation and the maximum period of punishment contemplated for the two offences of two years having expired long back, we find that the proceedings of NCR No. 35 of 2018 cannot be continued any further.

For the reasons recorded in the judgment dated 22.3.2022 in Criminal Misc. Writ Petition No.1404 of 2022, we allow the present petition and quash the NCR No. 35 of 2018.

Order Date :- 13.5.2022

n.u.