Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21969 of 2019 Petitioner :- Smt. Himangi Awasthi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ambarish Chatterji,Atipriya Gautam,Vijay Gautam(Senior Adv.) Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Shri Vijay Gautam, learned Senior 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 18.7.2019 in Case Crime No.0339/2019 under section 419/420/467/468/406/506 IPC P.S. Kotwali, District Basti.
Learned counsel for the petitioners 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 petitioners 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 :- 26.9.2019 RS