This order dismisses a criminal miscellaneous writ petition filed by Ravi Rathaur and others seeking a writ of mandamus for non-arrest and quashing of an FIR under Sections 498A, 323, 504 IPC, and D.P. Act.
Writ petition dismissed; prayers for non-arrest and quashing of FIR dismissed.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 12660 of 2020 Petitioner :- Ravi Rathaur And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nagesh Dwivedi Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.
Heard Sri Nagesh Dwivedi, learned counsel for the petitioners 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 petitioners, with a further prayer for quashing the impugned FIR dated 25.8.2020 in Case Crime No. 396 of 2020 under Sections 498A, 323, 504 IPC and 3/4 D.P. Act, Police Station Ajitmal, District Auriaya.
Learned counsel for the petitioners 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-1-191 (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.
The writ petition is dismissed.
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.
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 :- 14.12.2020/S.K.S.
1 issue framed by the court
Whether the writ petition seeking non-arrest and quashing of FIR should be allowed.
Ravi Rathaur and 3 Others
State Of U.P. and 3 Others
Pankaj Naqvi
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
