Neeta Singh Vs State of U.P. And 4 Others (Allahabad High Court)
The High Court recorded that the chargesheet dated 10 October 2023 had been forwarded to the court below and that the competent court had taken cognizance on 21 October 2023. In view of the filing of the chargesheet and the subsequent taking of cognizance, the Court held that the writ petition had become infructuous. Accordingly, the writ petition was dismissed as infructuous. The Court did not examine the merits of the allegations under Sections 406, 409, 420, 504 and 506 IPC or decide the validity of the FIR. The dismissal was based on the procedural developments that had occurred during the pendency of the writ petition.
The issue of maintainability of an FIR-quashing petition after filing of a chargesheet and taking of cognizance by the criminal court has also been considered by the Supreme Court. For a related discussion, see FIR Quashing Writ Becomes Infructuous After Criminal Court Takes Cognizance – Supreme Court.
FULL TEXT OF THE JUDGMENT/ORDER OF ALLAHABAD HIGH COURT
1. Heard Sri Subir Lal, learned counsel for the petitioners, Sri Aushim Luthra, learned counsel holding brief of Sri Praveen Kumar Singh, learned counsel for the informant and Sri Pankaj Saxena, learned A.G.A. for the State-respondents.
2. This writ petition has been filed praying to quash the impugned First Information Report dated 16.2.2023 registered as Case Crime No. 70 of 2023, under Sections 406, 409, 420, 504, 506 IPC, P.S. Shivpur, District Varanasi. Further prayer has been made not to arrest the petitioners in the aforesaid case.
3. On instructions, learned AGA has submitted that chargesheet has been submitted in the present case and cognizance whereof was also taken by the competent court on 21.10.2023.
4. In the present case, admittedly, a chargesheet dated 10.10.2023 has been forwarded to the court below and cognizance whereof has been taken by the court below on 21.10.2023.
5 In such view of the matter, present petition has become infructuous. The same is accordingly as infructuous.
