Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22174 of 2019 Petitioner :- Hemruddha And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Saxena Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Rajeev Kumar Saxena, learned counsel for the petitioners 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 22.9.2019 in Case Crime No.133 of 2019 under sections 506,354(Ka)(1)(i) IPC and 7/8 POCSO Act P.S. Ayana District Auraiya.
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 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 :- 30.9.2019 RS