This court dismissed the criminal miscellaneous writ petition seeking quashing of the impugned FIR and non-arrest. The court held that an alternate remedy of applying for anticipatory bail under a specific notification exists, leaving the petition’s contentions open for adjudication at an appropriate stage.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 26171 of 2019
Petitioner :- Ravi Kumar @ Veer Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi
Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Vinod Kumar Tirpathi, learned counsel for the petitioner and Shri D.P.S.Chauhan, 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 3.3.2019 in Case Crime No.0793 of 2019 under sections 420, 467, 468, 471, 506 I.P.C. PS. Kankarkheda, District Meerut.
Learned counsel for the petitioner submits that FIR has been lodged on false / vexatious / mischievious allegations, no offences are made out, FIR be quashed.
Learned AGA 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 petitioner to seek for an anticipatory bail.
We deem it appropriate to dismiss this petition without prejudice to the right of the petitioner 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 petitioner to raise at an appropriate stage in an appropriate proceeding, in accordance with law.
Order Date :- 20.12.2019/Rk
Ravi Kumar @ Veer Singh
State Of U.P.
2 Others
Pankaj Naqvi
Samit Gopal
As recorded by the court registry
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