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VIVEK CHAUDHARY, NARENDRA KUMAR JOHARI
Shivam Tripathi – Appellant
Versus
State of U. P. , Thru. Prin. Secy. Deptt. of Home Lko. – Respondent
JUDGMENT :
1. Heard learned counsel for petitioner and learned A.G.A. for State.
2. This petition seeks issuance of a writ in the nature of certiorari quashing the impugned First Information Report dated 23.06.2024, bearing Case Crime No.270 of 2024 for the offence under Section 376 I.P.C. registered at Police Station-Gazipur, District-Lucknow.
3. After arguing at some length, learned counsel for petitioner prays to withdraw the present writ petition with liberty to take appropriate proceedings before appropriate Court in accordance with law.
4. Learned A.G.A. has no objection to the same.
5. Accordingly, the writ petition is consigned to record as withdrawn with the liberty as prayed above.
6. Supplementary affidavit filed by petitioner and supplementary counter affidavit filed by learned counsel for respondent no.4 today in Court and the same are taken on record.
A petitioner has the right to withdraw a writ petition seeking to quash an FIR, allowing for the pursuit of other legal remedies.
The main legal point established in the judgment is the strict adherence to Section 41-A Cr.P.C. for offences entailing a sentence of less than seven years, as mandated by the Supreme Court in the ca....
A second writ petition challenging the same FIR is not maintainable without permission from the Supreme Court, and procedural lapses in the preparation of gang charts do not automatically invalidate ....
A petition to quash an FIR under S. 482 of the Cr.P.C. becomes infructuous and is liable to be closed when the investigating agency deletes the petitioner's name from the charge sheet during the inve....
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