Hon'ble Rajeev Singh,J.
Heard Shri Saurabh Srivastava, learned counsel for the petitioner and Shri S.P. Singh, learned AGA for the State-respondents.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of mandamus directing the opposite party not to arrest the petitioner with a further prayer for quashing the impugned FIR dated 26.11.2020 registered as case crime no.698 of 2020, under Section 67 A of the Information Technology (Amendment) Act, 2008 at Police Station Thakurganj, District Lucknow.
It transpires from the record that the petitioner had already moved an anticipatory bail application under section 438 Cr.P.C. before the Sessions Judge, Lucknow, but it has been rejected on 05.01.2021 and the petitioner states that he has come up before this Court for quashing of the impugned FIR.
As the learned counsel for the petitioner has already availed the remedy under section 438 Cr.P.C. therefore, appropriate remedy now left with the petitioner is to challenge the said order before the competent court.
In view of the same this writ petition is dismissed as withdrawn with liberty to the petitioner to avail the aforesaid liberty.
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(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 11.2.2021 Arnima