The High Court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR and direction not to arrest the petitioners in an offence under Sections 506 and 354 I.P.C. The court held that the proper route is anticipatory bail under Section 438 Cr.P.C. contended for.
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Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3640 of 2020
Petitioner :- Ram Milan And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Saurabh Shyam Shamshery,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Sanjay Kumar Singh, learned counsel for the petitioners and S.R. Pandey, 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 F.I.R. dated 17.2.2020 in Case Crime No.0069 of 2020 under Sections 506 and 354 (ka) I.P.C. Police Station-Tharwai, District-Prayagraj, (Allahabad).
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 A.G.A. 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 petitioners to seek for an anticipatory bail.
We deem it appropriate to dismiss this petition without prejudice to the right of the petitioners 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 petitioners to raise at an appropriate stage in an appropriate proceeding, in accordance with law.
Order Date:- 4.3.2020-SB
1 issue framed by the court
Whether the writ petition under Section 482 Cr.P.C. for quashing of the FIR should be allowed.
1 provisions across 1 enactments
Ram Milan And 2 Others
State Of U.P. And 3 Others
Pankaj Naqvi
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
