Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 17428 of 2020 Petitioner :- Krishna Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mithilesh Kumar Shukla,Diwanshu Tiwari Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner and learned AGA for the State-respondents.
By means of this writ petition, petitioner seeks quashing of the FIR dated 30.11.2020 registered as Case Crime No.739 of 2020, under Section 420 IPC, Police Station Kotwali Kannauj, District Kannauj with a further prayer not to arrest him 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 hereby 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, petitioner has an alternate remedy to seek 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, accordingly, dismissed. Order Date :- 6.1.2021 Ajeet