Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 17426 of 2020 Petitioner :- Nebu Lal And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Sanjay Kumar Mishra, learned counsel for the petitioners and learned AGA for the State-respondents.
By means of this writ petition, petitioners seek quashing of the FIR dated 12.11.2020 registered as Case Crime No.497 of 2020, under Sections 452, 506, 504, 323, 406, 420, 419 IPC, Police Station Hata, District Kushinagar with a further prayer not to arrest them 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, 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 Ajeet