Citation : 2022 Latest Caselaw 16348 ALL
Judgement Date : 9 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 16558 of 2022 Petitioner :- Mujanbeen Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shailendra Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents.
The relief sought in this petition is for quashing of the impugned FIR dated 07.10.2022, registered as Case Crime No.743 of 2022, under Section 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali Kannauj, District Kannauj. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Shri G.P. Singh, learned A.G.A. on the basis of instructions states that charge-sheet has already been forwarded to the competent court. As such, the cause for filing the writ petition no more survives and the writ petition is liable to be dismissed as infructuous.
Considering the above mentioned facts and circumstances of the case and keeping in view the judgment passed by the Hon'ble Apex Court in Shraddha Gupta Vs. State of U.P. and others (Criminal Appeal Nos.569- 570 of 2022), decided on 26.04.2022, the writ petition is dismissed as infructuous with liberty to the petitioners to apply for bail before the competent court.
Order Date :- 9.11.2022
ML
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