Allahabad High Court
Jagveer @ Jaggo @ Fauji vs State Of Up And 5 Others on 23 July, 2024
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:116635-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8032 of 2024 Petitioner :- Jagveer @ Jaggo @ Fauji Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Saurabh Pandey,Suresh Chandra Pandey Counsel for Respondent :- Digvijay Tiwari,G.A. Hon'ble Vivek Kumar Birla,J.
Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Saurabh Pandey, learned counsel for the petitioner as well as learned AGA appearing for the State respondents and Sri Digvijay Tiwari, learned counsel for the informant.
2. A short counter filed by Sri Digvijay Tiwari, learned counsel for the informant annexing therewith copy of the charge-sheet no. 120 of 2024 dated 11.6.2024 is taken on record.
3. Present writ petition has been filed with the following prayers:
"(1) Issue a writ of mandamus and/or any other similar writ, order and direction of like nature, quashing the FIR dated 19.04.2024 having case crime number 118 of 2024 under Sections 386, 506, 507 IPC and Section 66D IT Act Police Station Sadar Bazar Mathura.
(2) Issue writ order or direction in the nature mandamus directing State authorities to get the cases listed in paragraph no. 113 and 114 investigated by any independent agency and the same may be monitored by either this Hon'ble Court or by any judicial Officer designated by this Court."
4. Learned counsel for the informant submits that charge-sheet has been filed in the present case and as such, the cause for filing present writ petition no more survives.
5. Learned counsel for the petitioner fairly submits that in view of the filing of the charge-sheet, first prayer has become infructuous, however, he is pressing the second prayer.
6. After filing of the charge-sheet, we are not inclined to accept the second prayer, more so when at the stage of investigation, the accused has no right to claim fair investigation in view of the judgement of this Court rendered in Priti Singh vs. State of UP and others, 2023 (124) ACC 851.
7. In view of above, the writ petition is dismissed as having become infructuous.
Order Date :- 23.7.2024 Abhishek