High Court dismissed a writ petition seeking quashing of an FIR and direction not to arrest, noting that statutory remedies for bail remain available. Bench held to leave substantive contentions open for appropriate proceeding.
Petitioner directed to avail statutory remedy of bail/anticipatory bail instead of quashing.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 6150 of 2020
Petitioner :- Salman Husain Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Nand Kishor Mishra,Shilpa Ahuja Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Nand Kishor Mishra, 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 17.03.2020 in Case Crime No. 0150 of 2020, under Section 406 IPC, Police Station Kotwali, District Bijnor.
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-1-191 (Ka)-20-2018 dated 6th June 2019, an alternate remedy is available to the petitioner to seek for an anticipatory bail/bail as he may be advised.
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.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card).
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.10.2020 Vikram/-
1 issue framed by the court
Whether the petition seeking direction not to arrest and quashing of FIR is maintainable.
1 provisions across 1 enactments
Salman Husain
State Of U P
Pankaj Naqvi
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
