Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 17476 of 2020 Petitioner :- Smt. Pooja Sangwan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Tapan Kumar Mishra 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 A.G.A. for the State.
Petitioner, by means of this writ petition, seek quashing of the F.I.R. dated 30.10.2020 registered as Case Crime No. 1524 of 2020, under Sections 420, 406 & 506 I.P.C. at P.S. Kavi Nagar, District Ghaziabad with a further prayer not to arrest the petitioner pursuant to the said F.I.R.
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, petitioner have an alternative 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.
Registry is directed to return certified copy of impugned FIR to the petitioner after accepting xerox of the same.
Order Date :- 6.1.2021 SY