Dismissed

Vikas Gupta and 4 Others v. State of U.P. and 2 Others

Allahabad HC28 Sept 2020CRLP/9460/2020

Case brief

AI extract

What is this about?

High Court dismissed a writ petition for quashing an FIR and non-arrest directions, noting that the correctness of allegations requires investigation materials and alternate bail remedies exist, leaving contentions open for future proceedings.

What did the court decide?

Petition dismissed without prejudice to the right to apply for anticipatory bail; contentions left open.

Vikas Gupta and 4 Others Vs State of U.P. and 2 Others — Cheque Dishonour | Allahabad HC (2020)

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Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 9460 of 2020 Petitioner :- Vikas Gupta And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Kumar Tripathi Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Sanjay Kumar Pachori,J.

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Heard Sri Surendra Kumar Tripathi, learned counsel for the petitioners and the learned A.G.A.

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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 25.06.2020 registered as Case Crime No. 0065 of 2020, under Section 498A, 420, 406, 467, 468, 471, 323, 504, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station Kotwali, District Agra.

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

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Learned AGA has opposed the submission.

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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.1058/79-V-1-191 (Ka)-20-2018 dated 6th June 2019, an alternate remedy is available to the petitioners to seek for an anticipatory bail/bail as they may be advised.

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We deem it appropriate to dismiss this petition without prejudice to the right of the petitioners to apply for anticipatory bail.

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The writ petition is dismissed .

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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.

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Order Date :- 28.9.2020 Ujjawal

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Digitally signed by Justice Pankaj Digitally signed by Justice Sanjay Naqvi Kumar Pachori Date: 2020.10.01 17:52:11 IST Date: 2020.10.01 18:05:41 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad

Vikas Gupta and 4 Others v. State of U.P. and 2 Others

Case brief

What is this about?

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Vikas Gupta and 4 Others v. State of U.P. and 2 Others

Case brief

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What did the court decide?

What the court decided

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