Dismissed

Danish and 6 Others v. State of U P and 3 Others

Allahabad HC14 Dec 2020CRLP/11949/2020

Case brief

AI extract

What is this about?

The Court dismissed the Criminal Misc. Writ Petition seeking a mandamus to prevent arrest and quashing of an FIR lodged under various IPC sections and the D.P. Act. The alternate remedy of seeking anticipatory bail was noted. Contentions on merits were left open.

What did the court decide?

None. The writ petition was dismissed, and the matter was not adjudicated on merits.

Danish and 6 Others Vs State of U P and 3 Others — Service and Employment | Allahabad HC (2020)

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 11949 of 2020

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Petitioner :- Danish And 6 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Abhitosh Mishra,Pushpendra Singh Counsel for Respondent :- G.A.

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

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Heard Sri Abhitosh Mishra, learned counsel for the petitioners and the learned A.G.A.

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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 13.8.2020 in Case Crime No. 0106 of 2020 under sections 498A, 323, 316354 (D), 376, 377, 504, 506 of IPC and 3/4 of D.P. Act, Police Station Mahila Thana, District Muzaffar Nagar.

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Learned counsel for the petitioners submits that FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, FIR be quashed.

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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 petitioners to seek for an anticipatory bail/bail as they may be advised.

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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 petitioners to raise at an appropriate stage in an appropriate proceeding, in accordance 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

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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

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S.K.S.

Danish and 6 Others v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

Danish and 6 Others v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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