Dismissed

Ankur Kumar @ Golu and 4 Others v. State of U.P. and 2 Others

Allahabad HC17 Dec 2020CRLP/1782/2020

Case brief

AI extract

What is this about?

This court dismissed a criminal miscellaneous writ petition filed by Ankur Kumar and others seeking a mandate not to arrest and quashing of an FIR under various sections of the IPC and D.P. Act. The court held that the correctness of allegations must be tested during investigation and an alternate remedy for bail is available.

What did the court decide?

The writ petition stands dismissed as infructuous; interim order, if any, is vacated.

Ankur Kumar @ Golu and 4 Others Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1782 of 2020

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Petitioner :- Ankur Kumar @ Golu And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Vashisth Counsel for Respondent :- G.A.,Dileep Kumar Pandey

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

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We are informed by Sri Dileep Kumar Pandey, learned counsel for the informant that petitioner no. 1 / husband has been arrested which is not disputed by learned counsel for the petitioners.

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The writ petition stands dismissed as infructuous qua petitioner no.1.

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Heard Sri Sunil Vashisth, learned counsel for the petitioners, Sri Pandey, for the informant 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 16.1.2020, registered as Case Crime No.36/2020, under Sections 498A/323/504/506/377/376/511 IPC and 3/4 of the D.P. Act, P.S. Modi Nagar, Ghaziabad.

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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.108/69-V-1-19-1 (Ka)-20-2018 dated 6th June 2019, an alternate remedy is available to the petitioners to seek for an anticipatory bail/bail as he may be advised.

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The writ petition is dismissed.

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Interim order, if any, stands vacated.

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Office to proceed.

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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 / s 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 :- 17.12.2020 Chandra

Ankur Kumar @ Golu and 4 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ankur Kumar @ Golu and 4 Others v. State of U.P. and 2 Others

Case brief

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What the court decided

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