The court dismissed a criminal miscellaneous writ petition seeking quashing of FIR and restraint on arrest. It held that an alternate remedy of anticipatory bail exists under a specific notification. The court dismissed the petition without adjudicating the merits, leaving contentions open. The petition was disposed of on 5.3.2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 4181 of 2020
Petitioner :- Shiv Mangal Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shailesh Upadhyay Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Saurabh Shyam Shamshery,J.
Heard Sri Shailesh Upadhyay, 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 12.9.2019, registered as Case Crime no. 168 of 2019, under Section 409 IPC, P.S. Sikandarpur, District Ballia.
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 :- 5.3.2020 N.S.Rathour
1 issue framed by the court
Whether the petition seeking quashing of FIR and restraining arrest should be allowed in light of available alternate remedy under inserted notification.
Shiv Mangal Yadav
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
