The High Court dismissed a criminalMiscellaneous Writ Petition seeking a stay on arrest and quashing of an FIR. The Court held that since investigation was ongoing, an alternate remedy of anticipatory bail was available.
Petition dismissed without prejudice to the right to apply for anticipatory bail.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 3993 of 2020
Petitioner :- Manish Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Prakash Pandey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Saurabh Shyam Shamshery,J.
Heard Sri Chandra Prakash Pandey, learned counsel for the petitioner and Sri R.P. Singh, 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 F.I.R. dated 25.10.2019 lodged by respondent no.3 in Case Crime No.0226 of 2019, under Sections 406, 506 I.P.C., Police Station Merapur, District Farrukhabad.
Learned counsel for the petitioner submits that F.I.R. has been lodged on false / vexatious / mischievous allegations, no offences are made out, F.I.R. 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-1-191 (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 :- 4.3.2020 Ashok Gupta
2 issues framed by the court
Whether to grant a directive not to arrest the petitioner and quash the FIR based on false allegations.
Whether alternate remedy via anticipatory bail quashes the need for this writ petition.
Manish Kumar
State Of U.P.
Pankaj Naqvi
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
