This criminal miscellaneous writ petition seeking mandamus to direct non-arrest and quashing of an FIR under the Essential Commodities Act was dismissed with a note that the alternate remedy of anticipatory bail is 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. - 4643 of 2020
Petitioner :- Anar Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nitinjay Pandey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Saurabh Shyam Shamshery,J.
Heard Sri Nitinjay Pandey, 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 28.2.2020, registered as Case Crime No.157/2020, under Section 3/7 of the Essential Commodities Act, P.S. Kotwali Nagar, Etah.
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 :- 17.3.2020 Chandra
2 issues framed by the court
Whether a writ of mandamus can be issued directing the respondent not to arrest the petitioner and quashing the FIR.
Whether alternate remedy of anticipatory bail is available to the petitioner.
1 provisions across 1 enactments
Anar Singh
State Of U.P.
2 Others
Pankaj Naqvi
Saurabh Shyam Shamshery
As recorded by the court registry
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