Criminal Miscellaneous Writ Petition dismissed. Court found FIR disclosed cognizable offence. No interference warranted under Article 226. Petitioner allowed to seek anticipatory bail under Section 438 CrPC.
Petitioner allowed to file anticipatory bail application under Section 438 CrPC.
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Chief Justice's Court
Case :- CRIMINAL MISC. WRIT PETITION No. - 7405 of 2020
Petitioner :- Dinesh Dubey And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Mool Chandra Mishra 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 writ petition seeking quashing of cognizable FIR deserves interference under Article 226.
Whether the petitioner can avail anticipatory bail remedy under Section 438 CrPC.
2 provisions across 2 enactments
Dinesh Dubey
Another
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
