Allahabad High Court
Yogesh Narain Tiwari Alias Shivam vs State Of U.P. Thru. Prin. Secy. Home ... on 15 March, 2023
Bench: Ramesh Sinha, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 738 of 2023 Petitioner :- Yogesh Narain Tiwari Alias Shivam Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Others Counsel for Petitioner :- Matri Datt Tripathi Counsel for Respondent :- G.A.,Ashok Kumar Bajpai,Nitesh Pandey Hon'ble Ramesh Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Shri Matri Dutt Tripathi, learned counsel for the petitioner, Shri Badrul Hasan, learned A.G.A. for the State/respondent Nos.1 to 3 and Shri Ashok Kumar Bajpai, learned counsel for respondent No.4 are present.
Short counter affidavit filed on behalf of the State and counter affidavit filed on behalf of respondent No.4 are taken on record.
This writ petition has been filed by the petitioner with a prayer to issue a writ in the nature of certiorari to quash the impugned FIR dated 24.08.2022, bearing FIR/Case Crime No.0354 of 2022, under Sections 498-A, 377, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act and Section 67 of Information Technology (Amendment) Act, 2008, at Police Station Kunda, District Pratapgarh; with a further prayer to not arrest the petitioner in pursuance of the impugned FIR.
Learned A.G.A. for the State submits that the investigation of the present case has been concluded and charge sheet has been submitted before the competent court on 14.03.2023, hence, the present petition has become infructuous.
Accordingly, the present petition is dismissed as infructuous.
Interim order, if any, stands vacated.
In case the petitioner is so aggrieved against the said charge sheet, he is at liberty to take recourse to law.
(Narendra Kumar Johari,J.) (Ramesh Sinha,J.) Order Date :- 15.3.2023 ML/-