Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22159 of 2019 Petitioner :- Raheesuddin And 12 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Vivek Srivastava Counsel for Respondent :- G.A.,Prabhash Pandey
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Vivek Srivastava learned counsel for the petitioners and Sri Mahendra Tripathi learned counsel for the informant and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 29.8.2019 in Case Crime No.
495 of 2019, under Sections 147, 148, 149, 395, 427, 336, 323 IPC and Section 7 Criminal Law (Amendment) Act, 1932, P.S. Shahganj, District Agra.
Learned counsel for the petitioners submits that FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, FIR be quashed.
Learned AGA has opposed the submission.
The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation as by insertion of Notification No.1058/79-V-1-19-1 (Ka)-20-2018 dated 6th June 2019, an alternate remedy is available to the petitioners to seek for an 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 dismissed.
It is made clear that we have not adjudicated the contentions raised which are left open for the petitioners to raise at an appropriate stage in an appropriate proceeding, in accordance with law.
Order Date :- 30.9.2019 AS