Dismissed¶11

Ashish Bajpai and 4 Others v. State of U.P. and 3 Others

Allahabad HC17 Dec 2020CRLP/6170/2019

Case brief

AI extract

What is this about?

Quashing of FIR refused; writ of mandamus against arrest dismissed on ground of alternate remedy; Sections 498A/323/504/506/354/377/313 IPC and Sections 3/4 D.P. Act (Dowry Prohibition Act); FIR Case Crime No.506/2018 dated 23.9.2018, P.S. Saurikh, Kannauj; anticipatory bail/bail available via notification No.108/69-V-1-19-1 (Ka)-20-2018 dated 6th June 2019; mediation failed; interim order vacated; contentions left open; High Court Allahabad; decided 17.12.2020.

What did the court decide?

The correctness of the allegations in the FIR would have to be tested on the basis of the materials collected during the course of investigation. ¶10

Ashish Bajpai and 4 Others Vs State of U.P. and 3 Others — Dowry and Cruelty | Allahabad HC (2020)

¶1

Court No. - 43

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 6170 of 2019

¶3

Petitioner :- Ashish Bajpai And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Kumar Srivastava,Jayant Srivastava Counsel for Respondent :- G.A.,Sarvesh Kumar Dubey

¶4

Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.

¶5

We are informed that mediation has failed.

¶6

Heard Sri Vinay Kumar Mishra, learned counsel for the petitioners and the learned A.G.A.

¶7

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 23.9.2018, registered as Case Crime No.506/2018, under Sections 498A/323/504/506/354/377/313 IPC and 3/4 of the D.P. Act, P.S. Saurikh, Kannauj.

¶8

Learned counsel for the petitioners submits that FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, FIR be quashed.

¶9

Learned AGA has opposed the submission.

¶10

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.108/69-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/bail as he may be advised.

¶11

The writ petition is dismissed.

¶12

Interim order, if any, stands vacated.

¶13

Office to proceed.

¶14

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.

¶15

The party shall file a computer generated copy of this order downloaded from the official website of High Court

¶16

Allahabad, self attested by the petitioner / s alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card).

¶17

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.

¶18

Order Date :- 17.12.2020 Chandra

Ashish Bajpai and 4 Others v. State of U.P. and 3 Others

Case brief

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What did the court decide?

Ashish Bajpai and 4 Others v. State of U.P. and 3 Others

Case brief

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