In this criminal miscellaneous writ petition challenging arrest and seeking quashing of an FIR, the High Court dismissed the petition without prejudice to the right of the petitioner to approach judicial authorities for anticipatory bail under a specific government notification.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 26178 of 2019
Petitioner :- Yogendra Singh Bhadauriya And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Avdhesh Narayan Tiwari Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Ms.Divya Ojha, holding brief of Shri Avdhesh Narayan Tiwari, learned counsel for the petitioners and Shri S.R.Pandey, 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 6.9.2019 in Case Crime No.1066 of 2019 under sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, PS. Kotwali, District Jalaun.
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
Yogendra Singh Bhadauriya And 3 Others
State Of U.P. And 3 Others
Pankaj Naqvi
Samit Gopal
As recorded by the court registry
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