The High Court dismissed the criminal writ petition seeking a direction not to arrest the petitioner and for quashing the FIR. The court held that prevention case remedies involve alternate avenues like bail applications.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 11943 of 2020
Petitioner :- Prem Pal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyendra Pandey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.
Heard Sri Satyendra 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 28.08.2020 registered as Case Crime No.693 of 2020, under Section 3/7 Essential Commodities Act, 1955, Police Station-Belghat, DistrictGorakhpur.
Learned counsel for the petitioner 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 petitioner to seek for an anticipatory bail/bail as he may be advised.
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.
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).
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.
Order Date :- 11.11.2020 Ashutosh
1 issue framed by the court
Whether to grant direction not to arrest the petitioner and quash the FIR under Section 3/7 of the Essential Commodities Act, 1955.
1 provisions across 1 enactments
Prem Pal
State Of U.P.
2 Others
Pankaj Naqvi
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
