The court disposed of a writ petition seeking quashment of an FIR against a lawyer, finding an alternate efficacious remedy existed. The petitioner was granted liberty to approach the Sessions Court for anticipatory bail.
Liberty to move for anticipatory bail; interim direction against arrest if cooperating in investigation.
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| WPCRL No.1955 of 2021 Hon’ble R.C. Khulbe, J. Mr. Mani Kumar, learned counsel for the petitioner. Ms. Manisha Rana Singh, learned AGA along with Ms. Sonika Khulbe, learned B.H. for the State. Heard. This petition is filed seeking to quash the Case Crime /FIR no.211 of 2021 u/s 420, 406, 468, 471, 323, 504 and 506 IPC, lodged against the petitioner, at P.S. Dalanwala, District Dehradun. From the perusal of the FIR, it is clear that the petitioner is a practicing lawyer at Dehradun. The informant was the client. Prima facie, there is no evidence on record regarding preparation of forged documents which falls U/s 471 and 468 IPC. After some length of arguments, learned counsel for the petitioner confined his prayer that a liberty may be given to the petitioner to move an application seeking bail apprehending his arrest under Section 438 of Cr.P.C. before the concerned Sessions Judge. In view of the submission made, I do not find it appropriate to proceed further with the matter, because the petitioner has an alternate efficacious remedy. Accordingly, it is directed that in case the petitioner moves an application seeking anticipatory bail till 10.11.2021, the concerned Court will decide the same expeditiously, as per law. In the meantime, the respondents are directed not to arrest the petitioner, provided he cooperates in the investigation. With these observations,thepresent |
| petition is disposed of Pending applica disposed of. Let a certified supplied, today itself, the parties, on payme rule. |
finally. tion, if any, also stands copy of this order be to the learned counsel for nt of usual charges, as per |
|---|---|
sukhbant |
(R.C. Khulbe, J.) 26.10.2021 |
3 issues framed by the court
Whether the writ petition seeking quashment of the FIR should be adjudicated given the availability of an efficacious alternative remedy.
Whether to grant conditional liberty to move for anticipatory bail before the concerned Sessions Judge.
Whether interim non-arrest direction should be issued pending the filing of the anticipatory bail application.
Petitioner [Practicing Lawyer]
State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
