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IN THE HIGH COURT OF ALLAHABAD
HON'BLE VIVEK CHAUDHARY, HON'BLE NARENDRA KUMAR JOHARI, JJ.
Shivam Tripathi - Petitioner
Versus
State of U.P., Thru. Prin. Secy. Deptt. of Home Lko. And Others - Respondents
Criminal Misc. Writ Petition No. 4678 of 2024
Decided On : 15-07-2024
CERTIORARI - QUASHING FIR - The court addressed a petition seeking to quash an FIR under Section 376 IPC. The petitioner opted to withdraw the petition, allowing for appropriate legal proceedings to be pursued in the future, which the court permitted without objection from the state counsel.
Fact of the Case:
The petitioner filed a writ petition seeking to quash an FIR dated 23.06.2024 for an alleged offence under Section 376 IPC, registered at Police Station-Gazipur, District-Lucknow.
Finding of the Court:
The court heard arguments from both sides and noted the petitioner's request to withdraw the writ petition, granting the liberty to pursue appropriate legal proceedings in the future.
Issues: Whether the writ petition seeking to quash the FIR should be allowed or withdrawn.
Ratio Decidendi: The court determined that the petitioner had the right to withdraw the petition and pursue other legal avenues, which aligns with procedural fairness and the rights of the parties involved.
Final Decision: The writ petition was consigned to record as withdrawn, with the liberty granted to the petitioner to take appropriate proceedings before the appropriate court.
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 Accordingly, the writ petition is consigned to record as withdrawn with the liberty as prayed above.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.
AI
A petitioner has the right to withdraw a writ petition seeking to quash an FIR, allowing for the pursuit of other legal remedies.
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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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