Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 17410 of 2020 Petitioner :- Mohd. Shariq Khan And 7 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Mukhtar Alam,Keshari Nath Tripathi Counsel for Respondent :- G.A.,Mohammad Waseem
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioners and learned AGA for the State-respondents.
Petitioners, by means of this writ petition, seek quashing of the FIR dated 15.102020 registered as Case Crime No. 1101 of 2020, under Sections 498-A, 323, 506, 376 IPC and Section 3/4 of Dowry Prohibition Act, 1961, P.S. Baradari, District Bareilly with a further prayer not to arrest the petitioners 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 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, petitioners have an alternate remedy to seek 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, accordingly, dismissed.
Order Date :- 6.1.2021 RavindraKSingh