The High Court dismissed a writ petition seeking writ of mandamus to quash an FIR and direct non-arrest, holding that an alternate remedy of anticipatory bail existed. The contentions on allegations were left open.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21122 of 2019
Petitioner :- Gayyur And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jagdish Prasad Mishra Counsel for Respondent :- G.A.,Dinesh Kumar
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Jagdish Prasad Mishra, learned counsel for the petitioners, Sri Dinesh Kumar, the learned A.G.A. and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 25.7.2019 in Case Crime No.448/2019, under Sections 376/498-A/506 IPC and 3/4 of the D.P. Act, P.S. Amroha Nagar, Jyotibaphulley Nagar (Amroha).
Learned counsel for the petitioners submits that FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, FIR be quashed.
Learned AGA has opposed the submission.
The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation as by insertion of notification No.108/79-V-1-19-1 (Ka)-20-2018 dated 6th June 2018, an alternate remedy is available to the petitioners to seek for an anticipatory bail. We deem it appropriate to dismiss this petition without prejudice to the right of the petitioners to apply for anticipatory bail.
The writ petition is dismissed.
It is made clear that we have not adjudicated the contentions raised which are left open for the petitioners to raise at an appropriate stage in an appropriate proceeding, in accordance with law.
Order Date :- 11.9.2019 Chandra
1 issue framed by the court
Whether the writ of mandamus should be issued directing non-arrest of the petitioners.
Gayyur And 3 Others
State Of U.P. And 2 Others
Pankaj Naqvi
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
