Petitioner challenged an FIR via writ petition seeking quashing and protection from arrest. The High Court dismissed the petition, noting discretionary anticipatory bail as the appropriate remedy for FIR quashing, leaving adjudication of allegations open.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 26211 of 2019
Petitioner :- Shahabuddin Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saurabh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Saurabh Kumar 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 2.12.2019, registered as Case Crime no. 0251 of 2019, under Sections 419, 420, 467, 468, 471, 506 IPC, P.S. Jiyanpur, District- Azamgarh.
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.
We deem it appropriate to dismiss this petition without prejudice to the right of the petitioner to apply for anticipatory bail.
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.
Order Date :- 7.1.2020 N.S.Rathour
Shahabuddin Khan
State Of U.P.
Pankaj Naqvi
Samit Gopal
As recorded by the court registry
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