The Court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR and prohibition on arrest. The respondents' counsel noted alternate remedies exist. The petition was dismissed without adjudication on merits, leaving contentions open for future proceedings.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 25641 of 2019
Petitioner :- Bhoori And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suresh Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Suresh Singh, learned counsel for the petitioners 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 31.10.2019, registered as Case Crime No.399/2019, under Sections 147/148/454/427/307/323/447 IPC, P.S. Kotwali, Pilibhit.
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 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 :- 17.12.2019 Chandra
1 issue framed by the court
Whether the writ petition seeking quashing of the FIR and non-arrest should be allowed without adjudication on the merits.
Bhoori And 6 Others
State Of U.P. And 3 Others
Pankaj Naqvi
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
