Dismissed

Baburam and 2 Others v. State of U.P. and 2 Others

Allahabad HC14 Dec 2020CRLP/10361/2020

Case brief

AI extract

What is this about?

The High Court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR and directing non-arrest. The court held that an alternate statutory remedy for bail exists and explicitly did not adjudicate the contentions, leaving them open for a proper proceeding.

What did the court decide?

The writ petition directing quashing of the FIR and non-arrest was dismissed without adjudicating the contentions.

Baburam and 2 Others Vs State of U.P. and 2 Others — Anticipatory Bail | Allahabad HC (2020)

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 10361 of 2020 Petitioner :- Baburam And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ranvijay Singh Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.

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List of E-Court cases revised.

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No one appears for the petitioners.

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Sri Deepak Mishra, learned A.G.A is present.

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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 23.7.2020 in Case Crime No. 0331 of 2020, under Sections 406, 420, 323, 454, 504 and 506 of IPC, Police Station-Nagina, District- Bijnaur.

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Learned AGA has opposed the submission.

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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-1-191 (Ka)-20-2018 dated 6th June 2019, an alternate remedy is available to the petitioner to seek for an anticipatory bail/bail as the case may be.

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The writ petition is dismissed.

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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

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with law.

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The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card).

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 14.12.2020 A.N. Mishra

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Digitally signed by Justice Pankaj Digitally signed by Justice Vivek Naqvi Agarwal Date: 2020.12.18 13:04:25 IST Date: 2020.12.18 13:06:37 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad

Baburam and 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Baburam and 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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