Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22022 of 2019 Petitioner :- Gopal Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravi Prakash Srivastava,Ravi Prakash Srivastava Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Ravi Prakash, learned counsel for the petitioner and 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 30.11.2018 in Case Crime No.1188 of 2018 under Sections 420,467,468,471,447,295,297,504,506 and 120B IPC P.S. Jagdishpura District Agra.
Learned counsel for the petitioner submits that FIR has been lodged on false / vexatious / mischievious allegations, no offences are made out, FIR be quashed.
Learned AGA has 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 petitioners 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 :- 27.9.2019 RS