Writ petition seeking quashing of FIR was disposed of before merits. Court directed approach under Section 210 Cr.P.C. to Magistrate, reserving merits for Magistrate.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 8252 of 2020
Petitioner :- Akash And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- A Kumar Srivastava,Manish Kumar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.
Heard Sri A. Kumar Srivastava, learned counsel for the petitioners and the learned AGA.
The petitioner has sought for quashing of the impugned FIR on the premise that on same allegations, a compliant under Section 498/504/506 IPC and 3/4 D.P. Act, P.S. Aonwla, Bareilly has been registered against the petitioners.
Learned AGA rightly submitted that in view of the aforesaid submission, the petitioner may approach the Magistrate concerned under Section 210 Cr.P.C., who shall be obliged to pass appropriate orders.
The writ petition is disposed off.
We clarify that we have not entered into the merits of the case which shall be the sole prerogative of the learned Magistrate.
Order Date :- 3.11.2020 Chandra
1 issue framed by the court
Whether to allow quashing of FIR when complaint on same allegations pending before Magistrate.
1 provisions across 1 enactments
Akash And 3 Others
State Of U.P. And 2 Others
Pankaj Naqvi
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
