Hon'ble Narendra Kumar Johari,J.
Heard Sri Ali Akbar, learned Counsel for the petitioner, as well as learned Government Advocate.
This petition has been filed for quashing the First Information Report bearing F.I.R. No.0089 of 2019, under Section 436 of the Indian Penal Code, Police Station Sadullahnagar, District- Balrampur.
Learned Additional Government Advocate has informed that the petitioner has an efficacious and alternative remedy under Section 438 Cr.P.C. wherein the petitioner ought to have moved an application for anticipatory bail before appropriate Court. However, learned Counsel for the petitioner says that he will require a little time to avail the remedy.
Accordingly, ten days' time from today is allowed to the petitioner for approaching the appropriate court and availing the remedy.
Till the said said period of ten days from today, the petitioner shall not be arrested in the aforesaid case crime.
With the above observations, the writ petition stands dismissed.
Order Date :- 30.8.2019 Reena/-