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Paras Nath & Ors. vs State Of U.P. Thru. Prin. Secy. ...

High Court Of Judicature at Allahabad|30 August, 2019

JUDGMENT / ORDER

Hon'ble Narendra Kumar Johari,J.
Heard Sri Hanumant Lal yadav, learned Counsel for the petitioners, as well as learned Government Advocate.
This petition has been filed seeking a writ in the nature of mandamus thereby commanding the opposite parties not to arrest the petitioners in pursuance to the First Information Report bearing F.I.R. no. 0531/2019, under Section 3/4 of Prevention of Damage to Public Property Act, 1984, Police Station Lambhuwa, District- Sultanpur.
Learned Additional Government Advocate has informed that the petitioners have an efficacious and alternative remedy under Section 438 Cr.P.C. wherein the petitioners ought to have moved an application for anticipatory bail before appropriate Court. However, learned Counsel for the petitioners says that he will require a little time to avail the remedy.
Accordingly, ten days' time from today is allowed to the petitioners for approaching the appropriate court and availing the remedy. Till the said period of ten days from today, the petitioners shall not be arrested in the aforesaid case crime.
With the above observations, the writ petition stands dismissed.
Order Date :- 30.8.2019 Rahul/-
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Title

Paras Nath & Ors. vs State Of U.P. Thru. Prin. Secy. ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 August, 2019
Judges
  • Shabihul Hasnain
  • Narendra Kumar Johari