Allahabad High Court
Anjul Verma vs State Of U.P. And 2 Others on 22 August, 2022
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 9669 of 2022 Petitioner :- Anjul Verma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mrityunjay Dwivedi Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the petitioner and learned AGA.
Present writ petition has been preferred for quashing the FIR dated 2.9.2019 being Case Crime No.384 of 2019 under Section 380, 411, 413 IPC, P.S. Tundala, Distt. Firozabad and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR.
On the matter being taken up on 27.7.2022, the Court has proceeded to pass the following order:-
"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 02.09.2019 registered as Case Crime No. 384 of 2019, under Sections 380, 411, 413 IPC, Police Station Tundala, District Firozabad. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Learned counsel for the petitioner in support of his submissions states that no case is made out against the petitioner under Section 413 IPC. Section 413 IPC deals with habitually dealing in stolen property and which provides that whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Learned counsel for the petitioner makes a statement at Bar that the petitioner is having no criminal antecedent and at no point of time any criminal case except present one has ever been initiated against the petitioner. As such it is submitted that Section 413 IPC would not be attracted in the present matter.
Learned AGA on the other hand has submitted that due to massive fire incident in the office of the Advocate General necessary instructions could not be obtained and as such some reasonable time may be accorded in this regard. Let copy of the writ petition be provided to learned AGA today itself for enabling him to seek necessary instructions in the matter. On the request of learned AGA, put up this matter as fresh on 22.8.2022.
Till the next date of listing, the petitioner shall not be arrested pursuant to impugned FIR, provided he cooperates with the investigation in question."
Today, when the matter is taken up, learned AGA, on the basis of instructions, has submitted that in the present matter the chargesheet bearing no.332A/20 has been submitted on 3.8.2022 and as such the reliefs claimed in the writ petition no more survives.
In view of above, the Court is not inclined to proceed further in the matter. However, it is always open to the petitioner to challenge the validity of the chargesheet in question before the appropriate forum.
The writ petition is disposed of accordingly.
Order Date :- 22.8.2022 SP/