Criminal Misc. Writ Petition dismissed. Court satisfied FIR discloses cognizable offence, hence no interference under Article 226. Petitioner allowed to approach appropriate court for anticipatory bail under Section 438 CrPC.
Petition dismissed. Petitioner permitted to file application under Section 438 CrPC.
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Chief Justice's Court
Case :- CRIMINAL MISC. WRIT PETITION No. - 7403 of 2020
Petitioner :- Umar Farooq (Minor) Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Mohd. Monis 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.)
2 issues framed by the court
Whether the High Court can interfere with the cognizability of an offence under Article 226 of the Constitution of India.
Whether the petitioner is at liberty to avail appropriate remedy for arrest including filing an application under Section 438 of the CrPC.
3 provisions across 2 enactments
Umar Farooq
State Of U P
Govind Mathur
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
