The petitioner challenged an order under Article 226. The Court held the FIR disclosed a cognizable offence barring interference. The dismissal discharged the petition, with directions for anticipatory bail relief.
Petitioner allowed to file application for anticipatory bail under Section 438 CrPC.
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Chief Justice's Court
Case :- CRIMINAL MISC. WRIT PETITION No. - 7402 of 2020
Petitioner :- Pawan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,Chief Justice Hon'ble Samit Gopal,J.
On going through the recitals of the First Information Report, we are satisfied that it discloses the commission of a cognizable offence. As such, no interference herein is warranted under Article 226 of the Constitution of India. The petition for writ hence is dismissed.
So far as the issue relating to the arrest is concerned, the petitioner is at liberty to avail appropriate remedy before the appropriate Court including filing of an application under Section 438 of the Code of Criminal Procedure, 1973. Order Date :- 5.8.2020 Ravi Prakash
(Samit Gopal, J.) (Govind Mathur, C.J.)
3 issues framed by the court
Whether the High Court could interfere with the impugned order under Article 226 of the Constitution of India.
Whether the petitioner is entitled to appropriate remedy regarding the arrest, including anticipatory bail.
Whether the First Information Report discloses the commission of a cognizable offence.
2 provisions across 2 enactments
Pawan
State Of U.P.
2 Others
Govind Mathur
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
