Court dismissed the writ petition seeking a writ of mandamus for non-arrest and quashing of the FIR, holding that the alternate remedy of seeking anticipatory bail is available.
None granted; petition dismissed without prejudice to right to apply for anticipatory bail.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 4468 of 2020
Petitioner :- Pawan Dwivedi @ Pushpendra Kumar And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jagat Narayan Mishra,Krishna Dutt Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Saurabh Shyam Shamshery,J.
Heard Sri.Jagat Narayan Mishra, learned counsel for the petitioners and Dr. S.B. Maurya, the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondents concerned, not to arrest the petitioners with a further prayer for quashing the impugned F.I.R dated 29.2.2020 in Case Crime No.0026 of 2020 under Sections 420, 467, 468, 471 and 120-B I.P.C., Police Station-Kadaura, district-Jalaun.
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:- 6.3.2020-SB
1 issue framed by the court
Whether to grant a writ of mandamus directing non-arrest and quash the FIR under sections 420, 467, 468, 471 and 120-B I.P.C.
Pawan Dwivedi @ Pushpendra Kumar And Another
State Of U.P. And 4 Others
Pankaj Naqvi
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
