This 2020 criminal miscellaneous writ petition sought quashing of an FIR and an order not to arrest the petitioners. The High Court dismissed the petition, noting the availability of anticipatory bail, without adjudicating the merits of the allegations.
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. - 4645 of 2020
Petitioner :- Janardan Pandey And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Kumar Tiwari,Kshatresh Kumar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Saurabh Shyam Shamshery,J.
Heard Sri Dinesh Kumar Tiwari, learned counsel for the petitioners 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 petitioners, with a further prayer for quashing the impugned FIR dated 8.1.2020, registered as Case Crime No.002/2020, under Sections 323/504/506/427 IPC, P.S. Unj, Bhadohi.
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.108/79-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 :- 17.3.2020 Chandra
2 issues framed by the court
Whether to quash an FIR on false allegations and grant a writ of mandamus directing the respondent not to arrest the petitioners.
Whether the availability of anticipatory bail under Notification No.108/79 prevents quashing of the FIR at this stage.
1 provisions across 1 enactments
Janardan Pandey
2 Others
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
