Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 17402 of 2020 Petitioner :- Chandra Prakash Kushwaha And 5 Others Respondent :- State Of U.P. 3 Others Counsel for Petitioner :- Alkeshwar Kumar Singh,Atul Srivastava Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioners and learned AGA for the State-respondents.
Petitioners, by means of this writ petition, seek quashing of the FIR dated 6.2.2020 registered as Case Crime No. 36 of 2020, under Sections 323, 504, 506, 406 IPC and Section 3/4 of the Dowry Prohibition Act, P.S. Utraon, Distrit Prayagraj with a further prayer not to arrest the petitioners pursuant to the said FIR.
The contents of the report discloses commission of cognizable offence that demands investigation, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation. In any case, petitioners have an alternate remedy to seek anticipatory bail. We deem it appropriate to dismiss this petition without prejudice to the right of the petitioners to apply for anticipatory bail.
The writ petition is, accordingly, dismissed.
Order Date :- 6.1.2021 RavindraKSingh