Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 26066 of 2019 Petitioner :- Babu Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brij Raj Verma Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Brij Raj Verma, learned counsel for the petitioner and Dr. S.B. Maurya, the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 20.10.2018, registered as Case Crime no. 262 of 2018, under Sections 420, 467, 468, 471, 166 IPC, P.S. Sehra Mau South (S.M. South), District Shahjahanpur.
It is submitted by learned counsel for the petitioner that although he was not named in the FIR lodged after preliminary enquiry by the District Magistrate, but his name malafidely surfaced in the application of the informant dated 2.8.2019, i.e, after almost a year for ulterior motives, no offence is made out, FIR be quashed.
Learned AGA opposed the submission.
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-1-19-1 (Ka)-20-2018 dated 6th June 2019, an alternate remedy is available to the petitioner to seek for an anticipatory bail.
We deem it appropriate to dismiss this petition without prejudice to the right of the petitioner to apply for anticipatory bail.
The writ petition is dismissed.
It is made clear that we have not adjudicated the contentions raised which are left open for the petitioner to raise at an appropriate stage in an appropriate proceeding, in accordance with law.
Order Date :- 19.12.2019 / N.S.Rathour