The High Court dismissed a criminal miscellaneous writ petition seeking a direction not to arrest the petitioners and quashing of an FIR. The court held that the State had an alternate remedy through anticipatory bail and dismissed the petition without prejudice to future rights.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 4483 of 2020 Petitioner :- Sri Narayan Mishra And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prem Prakash Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Saurabh Shyam Shamshery,J.
Heard Sri Upendra Kumar Singh, Advocate holding brief of Shri Prem Prakash, learned counsel for the petitioners and Dr. S.B. Maurya, 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 FIR dated 7.4.2019 arising out of Case Crime No.0300 of 2019, under sections 147, 148, 323, 504, 506, 354B IPC, Police Station - Meja, District - Prayagraj.
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 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 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
Rishabh
1 issue framed by the court
Whether criminal miscellaneous writ petition seeking quashing of FIR and direction not to arrest should be allowed given availability of alternate remedy under notification 1058/79-V-1-19-1.
Narayan Mishra And 7 Others
State Of U.P. And 3 Others
Pankaj Naqvi
Saurabh Shyam Shamshery
As recorded by the court registry
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