Criminal miscellaneous writ petition seeking quashing of FIR and stay on arrest was dismissed. Court reserved anticipatory bail as the appropriate remedy, leaving substantive contentions open.
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Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 25609 of 2019 Petitioner :- Viresh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Pandey,Rohit Nandan Pandey Counsel for Respondent :- G.A. Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Sanjeev Kumar Pandey, learned counsel for the petitioner 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 petitioner, with a further prayer for quashing the impugned FIR dated 8.8.2019 registered as Case Crime No. 163 of 2019 under Sections 323, 498A, 377, 511, 307, 504, 506, 120B, 313, 494 IPC, P.S. Nidhauli Kalan, District Etah.
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.1058/79-V-1-19-1 (Ka)-20-2018 dated 6th June 2019, 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 :- 16.12.2019 AKK
Viresh And 2 Others
State Of U.P. And 3 Others
Pankaj Naqvi
Samit Gopal
As recorded by the court registry
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