Court dismissed the criminal miscellaneous writ petition seeking quashing of an FIR and direction not to arrest petitioners, noting alternative remedy for anticipatory bail was available, leaving contentions open for appropriate proceeding.
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. - 494 of 2020
Petitioner :- Shailendra Agrwal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Counsel for Respondent :- G.A.,Azhar Hussain
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Ashok Kumar, learned counsel for the petitioners, Sri Amit Daga and Sri Mayank for the informant 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 10.12.2019, registered as Case Crime no. 923 of 2019, under Sections 498-A, 376, 511, 323, 504, 506, 420, 467, 468, 471 IPC, P.S. New Agra, District Agra.
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 counsel for the informant and the learned AGA have 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 :- 13.1.2020 N.S.Rathour
3 issues framed by the court
Whether the writ petition seeking direction not to arrest the petitioners and quashing of the impugned FIR be accepted.
Whether the petitioners should be granted anticipatory bail instead in the alternate remedy available.
Whether the contentions regarding falsity of allegations should be adjudicated in this proceeding.
Shailendra Agrwal
And Another
State Of U.P.
Pankaj Naqvi
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
